Senate Bill sb1878er

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  1

  2         An act relating to tax on communications

  3         services; creating s. 202.105, F.S.; providing

  4         legislative findings and intent with respect to

  5         the Communications Services Tax Simplification

  6         Law; amending s. 202.11, F.S.; revising and

  7         providing definitions; amending s. 202.12,

  8         F.S.; specifying the rates for the state tax;

  9         revising provisions relating to application of

10         the tax; providing for application of the tax

11         rate to private communications services and

12         mobile communications services; providing the

13         initial method for determining the sales price

14         of private communications services and a

15         revised method effective January 1, 2004;

16         relieving service providers of certain

17         liability; revising provisions relating to

18         direct-pay permits; creating s. 202.155, F.S.;

19         providing special rules for mobile

20         communications services; providing duties of

21         home service providers and the Department of

22         Revenue in determining a customer's place of

23         primary use and determining the correct taxing

24         jurisdiction; relieving service providers of

25         certain liability; providing requirements with

26         respect to identifying and separately stating

27         the sales price of mobile communications

28         services not subject to the taxes administered

29         under ch. 202, F.S.; amending s. 202.16, F.S.;

30         revising provisions relating to responsibility

31         for payment of taxes and tax amounts and


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  1         brackets; amending s. 202.17, F.S.; specifying

  2         that registration as a dealer of communications

  3         services does not constitute registration for

  4         purposes of placing and maintaining

  5         communications facilities in municipal or

  6         county rights-of-way; removing the registration

  7         fee for such dealers; revising provisions

  8         relating to resale certificates; amending s.

  9         202.18, F.S.; revising provisions relating to

10         distribution of a portion of the proceeds of

11         the tax on direct-to-home satellite service and

12         to distribution of local communications

13         services taxes and adjustment of such

14         distribution; amending s. 202.19, F.S.;

15         revising provisions which authorize imposition

16         of local communications services taxes and

17         provide for use of revenues and certain

18         credits; specifying the maximum rates of such

19         taxes; providing the initial method for

20         determining the sales price of private

21         communications services for local

22         communications services taxes and for the

23         discretionary sales surtax under s. 212.055,

24         F.S., that is imposed as a local communications

25         services tax, and providing a revised method

26         effective January 1, 2004; relieving service

27         providers of certain liabilities; revising

28         requirements relating to the direct-pay permit

29         required to qualify for the limitation on local

30         communications services taxes on interstate

31         communications services; providing for


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  1         application of local communications services

  2         taxes to mobile communications services;

  3         amending s. 202.20, F.S.; specifying the local

  4         communications services tax conversion rates;

  5         revising requirements with respect to

  6         adjustment by a local government of its tax

  7         rate when tax revenues are less than received

  8         from replaced revenue sources; requiring

  9         adjustment of the tax rate if revenues received

10         for a specified period exceed a specified

11         threshold; authorizing local governments to

12         increase the tax rate established by the

13         Revenue Estimating Conference and approved by

14         the Legislature to the maximum tax rate so

15         established and approved; amending s. 202.21,

16         F.S.; conforming provisions; amending s.

17         202.22, F.S., relating to determination of

18         local tax situs for a local communications

19         services tax; revising requirements relating to

20         use of enhanced zip codes; revising

21         requirements relating to certification or

22         recertification of a database by the

23         department; specifying effect when certain

24         applications for certification are not approved

25         or denied within the required time period;

26         revising provisions relating to a dealer's duty

27         to update a database and to the amount of

28         dealer's credit allowed when an alternative

29         method of assigning service addresses is used;

30         amending s. 202.23, F.S.; providing

31         requirements for refunds when excess


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  1         communications services tax has been paid;

  2         creating s. 202.231, F.S.; providing

  3         requirements for provision of information by

  4         the department to local taxing jurisdictions;

  5         amending s. 202.24, F.S., relating to

  6         limitations on local taxes and fees imposed on

  7         dealers of communications services; deleting

  8         provisions relating to legislative review;

  9         repealing s. 202.26(3)(i), F.S., which provides

10         for adoption of rules by the department with

11         respect to collection of information no longer

12         required; amending s. 202.27, F.S.; deleting

13         provisions which allow certain dealers making

14         sales in more than one location to file a

15         single return; amending s. 202.28, F.S.;

16         including persons collecting the gross receipts

17         tax in provisions relating to the dealer's

18         credit; amending s. 202.37, F.S.; providing

19         requirements for audits conducted with respect

20         to local communications services taxes;

21         providing that certain persons or entities may

22         provide evidence to the department regarding

23         failure to report taxable sales and providing

24         authority of the department with respect

25         thereto; creating s. 202.38, F.S.; providing

26         for credits or refunds under ch. 202, F.S., for

27         certain bad debts or adjustments with respect

28         to taxes under ch. 212, F.S., or ch. 166, F.S.,

29         billed prior to October 1, 2001, and no longer

30         subject to tax; creating s. 202.381, F.S.;

31         providing requirements with respect to


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  1         implementation of ch. 202, F.S., and ch.

  2         2000-260, Laws of Florida, and transition from

  3         the previous tax structure; amending s. 203.01,

  4         F.S.; specifying the rate of the gross receipts

  5         tax on communications services; amending s.

  6         212.031, F.S.; conforming provisions; amending

  7         s. 212.054, F.S.; clarifying that a

  8         discretionary sales surtax applies to

  9         transactions taxed under ch. 202, F.S.;

10         amending s. 212.20, F.S.; removing provisions

11         relating to deposit of certain proceeds under

12         ch. 212, F.S., in the Mail Order Sales Tax

13         Clearing Trust Fund; amending ss. 11.45,

14         218.65, and 288.1169, F.S.; correcting

15         references; amending s. 212.202, F.S.; renaming

16         the Mail Order Sales Tax Clearing Trust Fund as

17         the Communications Services Tax Clearing Trust

18         Fund; amending s. 337.401, F.S.; revising dates

19         for notice of election by municipalities and

20         counties regarding imposition of permit fees to

21         the department; providing that a municipality

22         or county that elects not to impose permit fees

23         on communications services providers may

24         increase its local tax rate by resolution;

25         requiring notice to the department; prescribing

26         regulations governing the amounts that may be

27         imposed by municipalities and counties against

28         certain persons or entities in connection with

29         the placement or maintenance of communications

30         facilities in municipal or county roads or

31         rights-of-way; repealing s. 337.401(3)(f) and


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  1         (g), F.S., relating to the authority of

  2         municipalities and counties to request in-kind

  3         requirements from cable service providers and

  4         to negotiate cable service franchises, and

  5         revising and relocating such provisions under

  6         that section; providing relationship of

  7         provisions relating to regulation of placement

  8         or maintenance of communications facilities in

  9         public roads or rights-of-way by counties or

10         municipalities to zoning or land use authority;

11         providing status of registration under such

12         provisions; authorizing municipalities and

13         counties to change their election regarding

14         imposition of permit fees and providing for

15         adjustment of tax rates; providing notice

16         requirements; revising definitions; specifying

17         continued application of s. 166.234, F.S.,

18         relating to administration and rights and

19         remedies, to municipal public service taxes on

20         telecommunications services imposed prior to

21         October 1, 2001; providing for payment of

22         franchise fees by cable or telecommunications

23         service providers with respect to services

24         provided prior to October 1, 2001; providing

25         for severability; repealing s. 52 of ch.

26         2000-260, Laws of Florida, which provides for a

27         legislative study during the 2001 session;

28         repealing s. 58(1) of ch. 2000-260, Laws of

29         Florida, which provides for the June 30, 2001,

30         repeal of those administrative sections of ch.

31         202, F.S., which have taken effect; repealing


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  1         s. 58(2) of ch. 2000-260, Laws of Florida,

  2         which provides for the June 30, 2001, repeal of

  3         the following provisions prior to their October

  4         1, 2001, effective date: the remainder of ch.

  5         202, F.S., which provides for the taxation of

  6         the sale of communications services; other

  7         statutory amendments which provide related

  8         administrative provisions; provisions which

  9         remove levy of the municipal public service tax

10         on telecommunication services; provisions which

11         provide for a gross receipts tax on

12         communications services to be applied pursuant

13         to ch. 202, F.S.; provisions which remove the

14         imposition of tax under ch. 212, F.S., on

15         telecommunication service; provisions relating

16         to the authority of counties and municipalities

17         to regulate the placement of telecommunications

18         facilities in roads and rights-of-way and to

19         impose permit fees and franchise fees; and

20         provisions relating to the application of

21         amendments made by ch. 2000-260, Laws of

22         Florida; repealing s. 59 of ch. 2000-260, Laws

23         of Florida, which, effective June 30, 2001,

24         amends s. 337.401, F.S., relating to the

25         authority of counties and municipalities to

26         regulate the placement of telecommunications

27         facilities in roads and rights-of-way and to

28         impose permit fees and franchise fees, to

29         remove amendments made by ch. 2000-260, Laws of

30         Florida, which took effect January 1, 2001;

31         providing effective dates.


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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 202.105, Florida Statutes, is

  4  created to read:

  5         202.105  Legislative findings and intent.--

  6         (1)  It is declared to be a specific legislative

  7  finding that the creation of this chapter fulfills important

  8  state interests by reforming the tax laws to provide a fair,

  9  efficient, and uniform method for taxing communications

10  services sold in this state.  This chapter is essential to the

11  continued economic vitality of this increasingly important

12  industry because it restructures state and local taxes and

13  fees to account for the impact of federal legislation,

14  industry deregulation, and the convergence of service

15  offerings that is now taking place among providers. This

16  chapter promotes the increased competition that accompanies

17  deregulation by embracing a competitively neutral tax policy

18  that will free consumers to choose a provider based on

19  tax-neutral considerations.  This chapter further spurs new

20  competition by simplifying an extremely complicated state and

21  local tax and fee system.  Simplification will lower the cost

22  of collecting taxes and fees, increase service availability,

23  and place downward pressure on price.  New found

24  administrative efficiency is demonstrated by a reduction in

25  the number of returns that a provider must file each month.

26  By restructuring separate taxes and fees into a

27  revenue-neutral communications services tax centrally

28  administered by the department, this chapter will ensure that

29  the growth of the industry is unimpaired by excessive

30  governmental regulation. The tax imposed pursuant to this

31  chapter is a replacement for taxes and fees previously imposed


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  1  and is not a new tax. The taxes imposed and administered

  2  pursuant to this chapter are of general application and are

  3  imposed in a uniform, consistent, and nondiscriminatory

  4  manner.

  5         (2)  It is declared to be a specific legislative

  6  finding that this chapter will not reduce the authority that

  7  municipalities or counties had to raise revenue in the

  8  aggregate, as such authority existed on February 1, 1989.

  9         Section 2.  Subsections (2), (14), and (16) of section

10  202.11, Florida Statutes, are amended, subsection (18) is

11  added to that section, and, effective August 1, 2002,

12  subsections (8) and (15) are amended and subsections (19),

13  (20), (21), (22), (23), (24), and (25) are added to that

14  section, to read:

15         202.11  Definitions.--As used in this chapter:

16         (2)  "Cable service" means the transmission of video,

17  audio, or other programming service to purchasers, and the

18  purchaser interaction, if any, required for the selection or

19  use of any such programming service, regardless of whether the

20  programming is transmitted over facilities owned or operated

21  by the cable service provider or over facilities owned or

22  operated by one or more other dealers of communications

23  services. The term includes point-to-point and

24  point-to-multipoint distribution services by which programming

25  is transmitted or broadcast by microwave or other equipment

26  directly to the purchaser's premises, but does not include

27  direct-to-home satellite service. The term includes basic,

28  extended, premium, pay-per-view, digital, and music services.

29         (8)  "Mobile communications service" means commercial

30  mobile radio service, as defined in 47 C.F.R. s. 20.3 as in

31  effect on June 1, 1999 any one-way or two-way radio


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  1  communications service, whether identified by the dealer as

  2  local, toll, long distance, or otherwise, and which is carried

  3  between mobile stations or receivers and land stations, or by

  4  mobile stations communicating among themselves, and includes,

  5  but is not limited to, cellular communications services,

  6  personal communications services, paging services, specialized

  7  mobile radio services, and any other form of mobile one-way or

  8  two-way communications service. The term does not include

  9  air-ground radiotelephone service as defined in 47 C.F.R. s.

10  22.99 as in effect on June 1, 1999.

11         (14)  "Sales price" means the total amount charged in

12  money or other consideration by a dealer for the sale of the

13  right or privilege of using communications services in this

14  state, including any property or other services that are part

15  of the sale. The sales price of communications services shall

16  not be reduced by any separately identified components of the

17  charge that constitute expenses of the dealer, including, but

18  not limited to, sales taxes on goods or services purchased by

19  the dealer, property taxes, taxes measured by net income, and

20  universal-service fund fees.

21         (a)  The sales price of communications services shall

22  also include, whether or not separately stated, charges for

23  any of the following:

24         1.  Separately identified components of the charge or

25  expenses of the dealer, including, but not limited to, sales

26  taxes on goods or services purchased by the dealer, property

27  taxes, taxes measured by net income, and federal

28  universal-service fund fees.

29         1.2.  The connection, movement, change, or termination

30  of communications services.

31         2.3.  The detailed billing of communications services.


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  1         3.4.  The sale of directory listings in connection with

  2  a communications service.

  3         4.5.  Central office and custom calling features.

  4         5.6.  Voice mail and other messaging service.

  5         6.7.  Directory assistance.

  6         7.  The service of sending or receiving a document

  7  commonly referred to as a facsimile or "fax," except when

  8  performed during the course of providing professional or

  9  advertising services.

10         (b)  The sales price of communications services does

11  not include charges for any of the following:

12         1.  Any excise tax, sales tax, or similar tax levied by

13  the United States or any state or local government on the

14  purchase, sale, use, or consumption of any communications

15  service, including, but not limited to, any tax imposed under

16  this chapter or chapter 203 which is permitted or required to

17  be added to the sales price of such service, if the tax is

18  stated separately.

19         2.  Any fee or assessment levied by the United States

20  or any state or local government, including, but not limited

21  to, regulatory fees and emergency telephone surcharges, which

22  is required to be added to the price of such service if the

23  fee or assessment is separately stated.

24         3.  Communications services Local telephone service

25  paid for by inserting coins into coin-operated communications

26  devices available to the public.

27         4.  The sale or recharge of a prepaid calling

28  arrangement.

29         5.  The provision of air-to-ground communications

30  services, defined as a radio service provided to purchasers

31  while on board an aircraft.


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  1         6.  A dealer's internal use of communications services

  2  in connection with its business of providing communications

  3  services.

  4         7.  Charges for property or other services that are not

  5  part of the sale of communications services, if such charges

  6  are stated separately from the charges for communications

  7  services.

  8         (15)  "Service address" means:

  9         (a)(b)  Except as otherwise provided in this section In

10  the case of all other communications services, the location of

11  the communications equipment from which communications

12  services originate or at which communications services are

13  received by the customer. If the location of such equipment

14  cannot be determined as part of the billing process, as in the

15  case of mobile communications services, paging systems,

16  maritime systems, third-number and calling-card calls, and

17  similar services, the term means the location determined by

18  the dealer based on the customer's telephone number, the

19  customer's mailing address to which bills are sent by the

20  dealer, or another street address provided by the customer.

21  However, such address must be within the licensed service area

22  of the dealer. In the case of a communications service paid

23  through a credit or payment mechanism that does not relate to

24  a service address, such as a bank, travel, debit, or credit

25  card, the service address is the address of the central

26  office, as determined by the area code and the first three

27  digits of the seven-digit originating telephone number.

28         (b)(a)  In the case of cable services and

29  direct-to-home satellite services, the location where the

30  customer receives the services in this state.

31


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  1         (c)  In the case of mobile communications services, the

  2  customer's place of primary use.

  3         (16)  "Substitute communications system" means any

  4  telephone system, or other system capable of providing

  5  communications services, which a person purchases, installs,

  6  rents, or leases for his or her own use to provide himself or

  7  herself with services used as a substitute for any switched

  8  service or dedicated facility by which communications services

  9  provided by a dealer of communications services provides a

10  communication path.

11         (18)  "Private communications service" means a

12  communications service that entitles the subscriber or user to

13  exclusive or priority use of a communications channel or group

14  of channels between or among channel termination points,

15  regardless of the manner in which such channel or channels are

16  connected, and includes switching capacity, extension lines,

17  stations, and any other associated services which are provided

18  in connection with the use of such channel or channels.

19         (19)(a)  "Customer" means:

20         1.  The person or entity that contracts with the home

21  service provider for mobile communications services; or

22         2.  If the end user of mobile communications services

23  is not the contracting party, the end user of the mobile

24  communications service. This subparagraph only applies for the

25  purpose of determining the place of primary use.

26         (b)  "Customer" does not include:

27         1.  A reseller of mobile communications services; or

28         2.  A serving carrier under an agreement to serve the

29  customer outside the home service provider's licensed service

30  area.

31


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  1         (20)  "Enhanced zip code" means a United States postal

  2  zip code of 9 or more digits.

  3         (21)  "Home service provider" means the

  4  facilities-based carrier or reseller with which the customer

  5  contracts for the provision of mobile communications services.

  6         (22)  "Licensed service area" means the geographic area

  7  in which the home service provider is authorized by law or

  8  contract to provide mobile communications service to the

  9  customer.

10         (23)  "Place of primary use" means the street address

11  representative of where the customer's use of the mobile

12  communications service primarily occurs, which must be:

13         (a)  The residential street address or the primary

14  business street address of the customer; and

15         (b)  Within the licensed service area of the home

16  service provider.

17         (24)(a)  "Reseller" means a provider who purchases

18  communications services from another communications service

19  provider and then resells, uses as a component part of, or

20  integrates the purchased services into a mobile communications

21  service.

22         (b)  "Reseller" does not include a serving carrier with

23  which a home service provider arranges for the services to its

24  customers outside the home service provider's licensed service

25  area.

26         (25)  "Serving carrier" means a facilities-based

27  carrier providing mobile communications service to a customer

28  outside a home service provider's or reseller's licensed

29  service area.

30         Section 3.  Effective with respect to bills issued by

31  communications services providers on or after October 1, 2001,


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  1  subsections (1) and (3) of section 202.12, Florida Statutes,

  2  are amended and paragraph (d) is added to subsection (1), and,

  3  effective with respect to bills issued by communications

  4  services providers after August 1, 2002, paragraph (e) is

  5  added to subsection (1), to read:

  6         202.12  Sales of communications services.--The

  7  Legislature finds that every person who engages in the

  8  business of selling communications services at retail in this

  9  state is exercising a taxable privilege. It is the intent of

10  the Legislature that the tax imposed by chapter 203 be

11  administered as provided in this chapter.

12         (1)  For the exercise of such privilege, a tax is

13  levied on each taxable transaction, and the tax is due and

14  payable as follows:

15         (a)  Except as otherwise provided in this subsection,

16  at a the rate of 6.8 percent calculated pursuant to s. 30,

17  chapter 2000-260, Laws of Florida, applied to the sales price

18  of the communications service, except for direct-to-home

19  satellite service, which:

20         1.  Originates and terminates in this state, or

21         2.  Originates or terminates in this state and is

22  charged to a service address in this state,

23

24  when sold at retail, computed on each taxable sale for the

25  purpose of remitting the tax due. The gross receipts tax

26  imposed by chapter 203 shall be collected on the same taxable

27  transactions and remitted with the tax imposed by this

28  paragraph. If no tax is imposed by this paragraph by reason of

29  s. 202.125(1), the tax imposed by chapter 203 shall

30  nevertheless be collected and remitted in the manner and at

31


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  1  the time prescribed for tax collections and remittances under

  2  this chapter.

  3         (b)  At the rate set forth in paragraph (a) on the

  4  actual cost of operating a substitute communications system,

  5  to be paid in accordance with s. 202.15. This paragraph does

  6  not apply to the use by any dealer of his or her own

  7  communications system to conduct a business of providing

  8  communications services or any communications system operated

  9  by a county, a municipality, the state, or any political

10  subdivision of the state. The gross receipts tax imposed by

11  chapter 203 shall be applied to the same costs, and remitted

12  with the tax imposed by this paragraph.

13         (c)  At the a rate of 10.8 percent to be computed by

14  the Revenue Estimating Conference and approved by the

15  Legislature on the retail sales price of any direct-to-home

16  satellite service received in this state. The rate computed by

17  the Revenue Estimating Conference shall be the sum of:

18         1.  The rate set forth in paragraph (a); and

19         2.  The weighted average, based on the aggregate

20  population in the respective taxing jurisdictions, of the rate

21  computed under s. 202.20(2)(a)1. for municipalities and

22  charter counties and the rate computed under such subparagraph

23  for all other counties.

24

25  The proceeds of the tax imposed under this paragraph shall be

26  accounted for and distributed in accordance with s. 202.18(2).

27  The gross receipts tax imposed by chapter 203 shall be

28  collected on the same taxable transactions and remitted with

29  the tax imposed by this paragraph.

30         (d)  At the rate set forth in paragraph (a) on the

31  sales price of private communications services provided within


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  1  this state. In determining the sales price of private

  2  communications services subject to tax, the communications

  3  service provider shall be entitled to use any method that

  4  reasonably allocates the total charges among the states in

  5  which channel termination points are located. An allocation

  6  method is deemed to be reasonable for purposes of this

  7  paragraph if the communications service provider regularly

  8  used such method for Florida tax purposes prior to December

  9  31, 2000. If a communications service provider uses a

10  reasonable allocation method, such provider shall be held

11  harmless from any liability for additional tax, interest, or

12  penalty based on a different allocation method. The gross

13  receipts tax imposed by chapter 203 shall be collected on the

14  same taxable transactions and remitted with the tax imposed by

15  this paragraph.

16         (e)  At the rate set forth in paragraph (a) applied to

17  the sales price of all mobile communications services deemed

18  to be provided to a customer by a home service provider

19  pursuant to s. 117(a) of the Mobile Telecommunications

20  Sourcing Act, Pub. L. No. 106-252, if such customer's service

21  address is located within this state.

22         (2)  A dealer of taxable communications services shall

23  bill, collect, and remit the taxes on communications services

24  imposed pursuant to chapter 203 and this section at a combined

25  rate that is the sum of the rate of tax on communications

26  services prescribed in chapter 203 and the applicable rate of

27  tax prescribed in this section. Each dealer subject to the tax

28  provided in paragraph (1)(b) shall also remit the taxes

29  imposed pursuant to chapter 203 and this section on a combined

30  basis. However, a dealer shall, in reporting each remittance

31  to the department, identify the portion thereof which consists


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  1  of taxes remitted pursuant to chapter 203. Return forms

  2  prescribed by the department shall facilitate such reporting.

  3         (3)  Notwithstanding any law to the contrary, the

  4  combined amount of taxes imposed under this section and s.

  5  203.01(1)(a)2. shall not exceed $100,000 per calendar year on

  6  charges to any person for interstate communications services

  7  that originate outside this state and terminate within this

  8  state.  This subsection applies only to holders of a

  9  direct-pay permit issued under this subsection.  A refund may

10  not be given for taxes paid before receiving a direct-pay

11  permit.  Upon application, the department may issue one a

12  direct-pay permit to the purchaser of communications services

13  authorizing such purchaser to pay the Florida communications

14  services tax on such services directly to the department if

15  the majority of such services used by such person are for

16  communications originating outside of this state and

17  terminating in this state. Only one direct-pay permit shall be

18  issued to a person. Such direct-pay permit shall identify the

19  taxes and service addresses to which it applies.  Any dealer

20  of communications services furnishing communications services

21  to the holder of a valid direct-pay permit is relieved of the

22  obligation to collect and remit the taxes imposed under this

23  section and s. 203.01(1)(a)2. on such services. Tax payments

24  and returns pursuant to a direct-pay permit shall be monthly.

25  As used in this subsection, "person" means a single legal

26  entity and does not mean a group or combination of affiliated

27  entities or entities controlled by one person or group of

28  persons.

29         Section 4.  Effective January 1, 2004, paragraph (d) of

30  subsection (1) of section 202.12, Florida Statutes, as created

31  by this act, is amended to read:


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  1         202.12  Sales of communications services.--The

  2  Legislature finds that every person who engages in the

  3  business of selling communications services at retail in this

  4  state is exercising a taxable privilege. It is the intent of

  5  the Legislature that the tax imposed by chapter 203 be

  6  administered as provided in this chapter.

  7         (1)  For the exercise of such privilege, a tax is

  8  levied on each taxable transaction, and the tax is due and

  9  payable as follows:

10         (d)  At the rate set forth in paragraph (a) on the

11  sales price of private communications services provided within

12  this state, which shall be determined in accordance with the

13  following provisions:.

14         1.  Any charge with respect to a channel termination

15  point located within this state;

16         2.  Any charge for the use of a channel between two

17  channel termination points located in this state; and

18         3.  Where channel termination points are located both

19  within and outside of this state:

20         a.  If any segment between two such channel termination

21  points is separately billed, 50 percent of such charge; and

22         b.  If any segment of the circuit is not separately

23  billed, an amount equal to the total charge for such circuit

24  multiplied by a fraction, the numerator of which is the number

25  of channel termination points within this state and the

26  denominator of which is the total number of channel

27  termination points of the circuit. In determining the sales

28  price of private communications services subject to tax, the

29  communications service provider shall be entitled to use any

30  method that reasonably allocates the total charges among the

31  states in which channel termination points are located. An


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  1  allocation method is deemed to be reasonable for purposes of

  2  this paragraph if the communications service provider

  3  regularly used such method for Florida tax purposes prior to

  4  December 31, 2000. If a communications service provider uses a

  5  reasonable allocation method, such provider shall be held

  6  harmless from any liability for additional tax, interest, or

  7  penalty based on a different allocation method.

  8

  9  The gross receipts tax imposed by chapter 203 shall be

10  collected on the same taxable transactions and remitted with

11  the tax imposed by this paragraph.

12         Section 5.  Effective with respect to bills issued by

13  communications services providers after August 1, 2002,

14  section 202.155, Florida Statutes, is created to read:

15         202.155  Special rules for mobile communications

16  services.--

17         (1)  A home service provider shall be responsible for

18  obtaining and maintaining the customer's place of primary use.

19  Subject to subsections (2) and (3), if the home service

20  provider's reliance on information provided by its customer is

21  in good faith:

22         (a)  The home service provider shall be entitled to

23  rely on the applicable residential or business street address

24  supplied by such customer.

25         (b)  The home service provider shall be held harmless

26  from liability for any additional taxes imposed by or pursuant

27  to this chapter or chapter 203 which are based on a different

28  determination of such customer's place of primary use.

29         (2)  Except as provided in subsection (3), a home

30  service provider shall be allowed to treat the address used

31  for tax purposes for any customer under a service contract in


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  1  effect on August 1, 2002, as that customer's place of primary

  2  use for the remaining term of such service contract or

  3  agreement, excluding any extension or renewal of such service

  4  contract or agreement.

  5         (3)(a)  The department shall provide notice to the

  6  customer of its intent to redetermine the customer's place of

  7  primary use. If a final order is entered ruling that the

  8  address used by a home service provider as a customer's place

  9  of primary use does not meet the definition of "place of

10  primary use" provided by s. 202.11, the department shall

11  notify the home service provider of the proper address to be

12  used as such customer's place of primary use. The home service

13  provider shall begin using the correct address within 120

14  days.

15         (b)  The department shall provide notice to the home

16  service provider of its intent to redetermine the assignment

17  of a taxing jurisdiction by a home service provider under s.

18  202.22. If a final order is entered ruling that the

19  jurisdiction assigned by the home service provider is

20  incorrect, the department shall notify the home service

21  provider of the proper jurisdictional assignment. The home

22  service provider shall begin using the correct jurisdictional

23  assignment within 120 days.

24         (4)(a)  If a mobile communications service is not

25  subject to the taxes administered pursuant to this chapter,

26  and if the sales price of such service is aggregated with and

27  not separately stated from the sales price of services subject

28  to tax, then the nontaxable mobile communications service

29  shall be treated as being subject to tax unless the home

30  service provider can reasonably identify the sales price of

31


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  1  the service not subject to tax from its books and records kept

  2  in the regular course of business.

  3         (b)  If a mobile communications service is not subject

  4  to the taxes administered pursuant to this chapter, a customer

  5  may not rely upon the nontaxability of such service unless the

  6  customer's home service provider separately states the sales

  7  price of such nontaxable services or the home service provider

  8  elects, after receiving a written request from the customer in

  9  the form required by the provider, to provide verifiable data

10  based upon the home service provider's books and records that

11  are kept in the regular course of business that reasonably

12  identifies the sales price of such nontaxable service.

13         Section 6.  Paragraph (a) of subsection (1) and

14  subsection (3) of section 202.16, Florida Statutes, are

15  amended to read:

16         202.16  Payment.--The taxes imposed or administered

17  under this chapter and chapter 203 shall be collected from all

18  dealers of taxable communications services on the sale at

19  retail in this state of communications services taxable under

20  this chapter and chapter 203. The full amount of the taxes on

21  a credit sale, installment sale, or sale made on any kind of

22  deferred payment plan is due at the moment of the transaction

23  in the same manner as a cash sale.

24         (1)(a)  Except as otherwise provided in ss.

25  202.12(1)(b) and 202.15, the taxes collected under this

26  chapter and chapter 203, including any penalties or interest

27  attributable to the nonpayment of such taxes or for

28  noncompliance with this chapter or chapter 203, shall be paid

29  by the purchaser of the communications service and shall be

30  collected from such person by the dealer of communications

31  services.


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  1         (3)  Notwithstanding the rate of tax on the sale of

  2  communications services imposed pursuant to this chapter and

  3  chapter 203, the department shall make available in an

  4  electronic format or otherwise prescribe by rule the tax

  5  amounts and brackets applicable to each taxable sale such that

  6  the tax collected results in a tax rate no less than the tax

  7  rate imposed pursuant to this chapter and chapter 203.

  8         Section 7.  Subsections (1), (2), (4), and (6) of

  9  section 202.17, Florida Statutes, are amended to read:

10         202.17  Registration.--

11         (1)  Each person seeking to engage in business as a

12  dealer of communications services must file with the

13  department an application for a certificate of registration.

14  Registration under this section does not constitute

15  registration with a municipality or county for the purpose of

16  placing and maintaining communications facilities in municipal

17  or county rights-of-way, as described in s. 337.401.

18         (2)  A person may not engage in the business of

19  providing communications services without first obtaining a

20  certificate of registration. The failure or refusal to submit

21  an application by any person required to register, as required

22  by this section, is a misdemeanor of the first degree,

23  punishable as provided in s. 775.082 or s. 775.083. Any person

24  who fails or refuses to register shall pay an initial

25  registration fee of $100 in lieu of the $5 registration fee

26  prescribed under subsection (4). However, this fee increase

27  may be waived by the department if the failure is due to

28  reasonable cause.

29         (4)  Each application required by paragraph (3)(a) must

30  be accompanied by a registration fee of $5, to be deposited in

31  the General Revenue Fund, and must set forth:


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  1         (a)  The name under which the person will transact

  2  business within this state.

  3         (b)  The street address of his or her principal office

  4  or place of business within this state and of the location

  5  where records are available for inspection.

  6         (c)  The name and complete residence address of the

  7  owner or the names and residence addresses of the partners, if

  8  the applicant is a partnership, or of the principal officers,

  9  if the applicant is a corporation or association. If the

10  applicant is a corporation organized under the laws of another

11  state, territory, or country, he or she must also file with

12  the application a certified copy of the certificate or license

13  issued by the Department of State showing that the corporation

14  is authorized to transact business in this state.

15         (d)  Any other data required by the department.

16         (6)  In addition to the certificate of registration,

17  the department shall provide to each newly registered dealer

18  an initial annual resale certificate that is valid for the

19  remainder of the period of issuance remaining portion of the

20  year. The department shall provide to each active dealer,

21  except persons registered pursuant to s. 202.15, an annual

22  resale certificate. As used in this section, "active dealer"

23  means a person who is registered with the department and who

24  is required to file a return at least once during each

25  applicable reporting period.

26         Section 8.  Subsection (2) and paragraphs (a) and (c)

27  of subsection (3) of section 202.18, Florida Statutes, are

28  amended to read:

29         202.18  Allocation and disposition of tax

30  proceeds.--The proceeds of the communications services taxes

31  remitted under this chapter shall be treated as follows:


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  1         (2)  The proceeds of the taxes remitted under s.

  2  202.12(1)(c) shall be divided as follows:

  3         (a)  The portion of such proceeds which constitutes

  4  gross receipts taxes, imposed at the rate prescribed in

  5  chapter 203, shall be deposited as provided by law and in

  6  accordance with s. 9, Art. XII of the State Constitution.

  7         (b)  Sixty-three percent The portion of the remainder

  8  such proceeds which is derived from the rate component

  9  specified in s. 202.12(1)(c)1. shall be allocated to the state

10  and distributed pursuant to s. 212.20(6), except that the

11  proceeds allocated pursuant to s. 212.20(6)(d)3. shall be

12  prorated to the participating counties in the same proportion

13  as that month's collection of the taxes and fees imposed

14  pursuant to chapter 212 and paragraph (1)(b).

15         (c)1.  During each calendar year, the remaining portion

16  of such proceeds shall be transferred to the Local Government

17  Half-cent Sales Tax Clearing Trust Fund and shall be allocated

18  in the same proportion as the allocation of total receipts of

19  the half-cent sales tax under s. 218.61 and the emergency

20  distribution under s. 218.65 in the prior state fiscal year.

21  However, during calendar year 2001, state fiscal year

22  2000-2001 proportions shall be used.

23         2.  The proportion of the proceeds allocated based on

24  the emergency distribution under s. 218.65 shall be

25  distributed pursuant to s. 218.65.

26         3.  In each calendar year, the proportion of the

27  proceeds allocated based on the half-cent sales tax under s.

28  218.61 shall be allocated to each county in the same

29  proportion as the county's percentage of total sales tax

30  allocation for the prior state fiscal year and distributed

31  pursuant to s. 218.62, except that for calendar year 2001,


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  1  state fiscal year 2000-2001 proportions shall be used. The

  2  remaining portion of such proceeds shall be allocated to the

  3  municipalities and counties in proportion to the allocation of

  4  receipts from the half-cent sales tax under s. 218.61 and the

  5  emergency distribution of such tax under s. 218.65.

  6         4.  The department shall distribute the appropriate

  7  amount to each municipality and county each month at the same

  8  time that local communications services taxes are distributed

  9  pursuant to subsection (3).

10         (3)(a)  Notwithstanding any law to the contrary, the

11  proceeds of each local communications services tax levied by a

12  municipality or county pursuant to s. 202.19(1) or s.

13  202.20(1), less the department's costs of administration,

14  shall be transferred to the Local Communications Services Tax

15  Clearing Trust Fund and held there to be distributed to such

16  municipality or county. However, the proceeds of any

17  communications services tax imposed pursuant to s. 202.19(5)

18  shall be deposited and disbursed in accordance with ss.

19  212.054 and 212.055. For purposes of this section, the

20  proceeds of any tax levied by a municipality, county, or

21  school board under s. 202.19(1) or s. 202.20(1) are all funds

22  collected and received by the department pursuant to a

23  specific levy authorized by such sections section, including

24  any interest and penalties attributable to the tax levy.

25         (c)1.  Except as otherwise provided in this paragraph,

26  proceeds of the taxes levied pursuant to s. 202.19, less

27  amounts deducted for costs of administration in accordance

28  with paragraph (b), shall be distributed monthly to the

29  appropriate jurisdictions. The proceeds of taxes imposed

30  pursuant to s. 202.19(5) shall be distributed in the same

31


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  1  manner as discretionary surtaxes are distributed, in

  2  accordance with ss. 212.054 and 212.055.

  3         2.  The department shall make any adjustments to the

  4  distributions pursuant to this paragraph which are necessary

  5  to reflect the proper amounts due to individual jurisdictions.

  6  In the event that the department adjusts amounts due to

  7  reflect a correction in the situsing of a customer, such

  8  adjustment shall be limited to the amount of tax actually

  9  collected from such customer by the dealer of communication

10  services.

11         Section 9.  Effective with respect to communications

12  services reflected on bills dated on or after October 1, 2001,

13  section 202.19, Florida Statutes, is amended to read:

14         202.19  Authorization to impose local communications

15  services tax.--

16         (1)  The governing authority of each county and

17  municipality may, by ordinance, levy a discretionary

18  communications services tax.

19         (2)(a)  Charter counties and municipalities may levy

20  the tax authorized by subsection (1) at a rate of up to 5.1

21  percent for municipalities and charter counties that have not

22  chosen to levy permit fees, and at a rate of up to 4.98

23  percent for municipalities and charter counties that have

24  chosen to levy permit fees.

25         (b)  Noncharter counties may levy the tax authorized by

26  subsection (1) at a rate of up to 1.6 percent.

27         (c)  The maximum rates authorized by paragraphs (a) and

28  (b) do not include the add-ons of up to 0.12 percent for

29  municipalities and charter counties or of up to 0.24 percent

30  for noncharter counties authorized pursuant to s. 337.401, nor

31  do they supersede conversion or emergency rates authorized by


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  1  s. 202.20 which are in excess of these maximum rates. The rate

  2  of such tax shall be as follows:

  3         (a)  For municipalities and charter counties, the rate

  4  shall be up to the maximum rate determined for municipalities

  5  and charter counties in accordance with s. 202.20(2).

  6         (b)  For all other counties, the rate shall be up to

  7  the maximum rate determined for other counties in accordance

  8  with s. 202.20(2).

  9

10  The rate imposed by any municipality or county shall be

11  expressed in increments of one-tenth of a percent and rounded

12  up to the nearest one-tenth percent.

13         (3)(a)  The maximum rates established under subsection

14  (2) reflect the rates for communications services taxes

15  imposed under this chapter which are necessary for each

16  municipality or county to raise the maximum amount of revenues

17  which it was authorized to raise prior to July 1, 2000,

18  through the imposition of taxes, charges, and fees, but that

19  it is prohibited from imposing under s. 202.24, other than the

20  discretionary surtax authorized under s. 212.055. It is the

21  legislative intent that the maximum rates for charter counties

22  be calculated by treating them as having had the same

23  authority as municipalities to impose franchise fees on

24  recurring local telecommunication service revenues prior to

25  July 1, 2000. However, the Legislature recognizes that the

26  authority of charter counties to impose such fees is in

27  dispute, and the treatment provided in this section is not an

28  expression of legislative intent that charter counties

29  actually do or do not possess such authority.

30         (a)(b)  The tax authorized under this section includes

31  any fee or other consideration to which the municipality or


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  1  county is otherwise entitled for granting permission to

  2  dealers of communications services, including, but not limited

  3  to, or providers of cable television services, as authorized

  4  in 47 U.S.C. s. 542, to use or occupy its roads or

  5  rights-of-way for the placement, construction, and maintenance

  6  of poles, wires, and other fixtures used in the provision of

  7  communications services.

  8         (b)(c)  This subsection does not supersede or impair

  9  the right, if any, of a municipality or county to require the

10  payment of consideration or to require the payment of

11  regulatory fees or assessments by persons using or occupying

12  its roads or rights-of-way in a capacity other than that of a

13  dealer of communications services.

14         (4)(a)1.  Except as otherwise provided in this section,

15  the tax imposed by any municipality shall be on all

16  communications services subject to tax under s. 202.12 which:

17         a.1.  Originate or terminate in this state; and

18         b.2.  Are charged to a service address in the

19  municipality.

20         2.  With respect to private communications services,

21  the tax shall be on the sales price of such services provided

22  within the municipality. In determining the sales price of

23  private communications services subject to tax, the

24  communications service provider shall be entitled to use any

25  method that reasonably allocates the total charges among the

26  state and local taxing jurisdictions in which channel

27  termination points are located. An allocation method is deemed

28  to be reasonable for purposes of this subparagraph if the

29  communications service provider regularly used such method for

30  Florida tax purposes prior to December 31, 2000. If a

31  communications service provider uses a reasonable allocation


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  1  method, such provider shall be held harmless from any

  2  liability for additional tax, interest, or penalty based on a

  3  different allocation method.

  4         (b)1.  Except as otherwise provided in this section,

  5  the tax imposed by any county under subsection (1) shall be on

  6  all communications services subject to tax under s. 202.12

  7  which:

  8         a.1.  Originate or terminate in this state; and

  9         b.2.  Are charged to a service address in the

10  unincorporated area of the county.

11         2.  With respect to private communications services,

12  the tax shall be on the sales price of such services provided

13  within the unincorporated area of the county. In determining

14  the amount of charges for private communications services

15  subject to tax, the communications service provider shall be

16  entitled to use any method that reasonably allocates the total

17  charges among the state and local taxing jurisdictions in

18  which channel termination points are located. An allocation

19  method is deemed to be reasonable for purposes of this

20  subparagraph if the communications service provider regularly

21  used such method for Florida tax purposes prior to December

22  31, 2000. If a communications service provider uses a

23  reasonable allocation method, such provider shall be held

24  harmless from any liability for additional tax, interest, or

25  penalty based on a different allocation method.

26         (5)  In addition to the communications services taxes

27  authorized by subsection (1), a discretionary sales surtax

28  that a county or school board has levied under s. 212.055 is

29  imposed as a local communications services tax under this

30  section, and the rate shall be determined in accordance with

31  s. 202.20(3)(5).


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  1         (a)  Except as otherwise provided in this subsection,

  2  each such tax rate shall be applied, in addition to the other

  3  tax rates applied under this chapter, to communications

  4  services subject to tax under s. 202.12 which:

  5         1.(a)  Originate or terminate in this state; and

  6         2.(b)  Are charged to a service address in the county.

  7         (b)  With respect to private communications services,

  8  the tax shall be on the sales price of such services provided

  9  within the county. In determining the sales price of private

10  communications services subject to tax, the communications

11  service provider shall be entitled to use any method that

12  reasonably allocates the total charges among the state and

13  local taxing jurisdictions in which channel termination points

14  are located. An allocation method is deemed to be reasonable

15  for purposes of this paragraph if the communications service

16  provider regularly used such method for Florida tax purposes

17  prior to December 31, 2000. If a communications service

18  provider uses a reasonable allocation method, such provider

19  shall be held harmless from any liability for additional tax,

20  interest, or penalty based on a different allocation method.

21         (6)  Notwithstanding any other provision of this

22  section, a tax imposed under this section does not apply to

23  any direct-to-home satellite service.

24         (7)  Any tax imposed by a municipality, school board,

25  or county under this section also applies to the actual cost

26  of operating a substitute communications system, to be paid in

27  accordance with s. 202.15. This subsection does not apply to

28  the use by any provider of its own communications system to

29  conduct a business of providing communications services or to

30  the use of any communications system operated by a county, a

31


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  1  municipality, the state, or any political subdivision of the

  2  state.

  3         (8)  Notwithstanding any law to the contrary, a tax

  4  imposed under this section shall not exceed $25,000 per

  5  calendar year on communications services charges billed to a

  6  service address located in a municipality or county imposing a

  7  local communications services tax for interstate

  8  communications services that originate outside this state and

  9  terminate within this state. This subsection applies only to

10  holders of a direct-pay permit issued under s. 202.12(3) this

11  subsection. A person who does not qualify for a direct-pay

12  permit under s. 202.12(3) does not qualify for a direct-pay

13  permit under this subsection.  A refund may not be given for

14  taxes paid before receiving a direct-pay permit. Upon

15  application, the department shall identify the service

16  addresses qualifying for the limitation provided by this

17  subsection on the direct-pay permit issued under s. 202.12(3)

18  and authorize may issue a direct-pay permit to the purchaser

19  of communications services authorizing such purchaser to pay

20  the local communications tax on such interstate services

21  directly to the department if the application indicates that

22  the majority of such services used by such person and billed

23  to a service address are for communications originating

24  outside of this state and terminating in this state. The

25  direct-pay permit shall also indicate the counties or

26  municipalities to which it applies.  Any dealer of

27  communications services furnishing communications services to

28  the holder of a valid direct-pay permit is relieved of the

29  obligation to collect and remit the tax on such services. Tax

30  payments and returns pursuant to a direct-pay permit shall be

31  monthly. As used in this subsection, "person" means a single


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  1  legal entity and does not mean a group or combination of

  2  affiliated entities or entities controlled by one person or

  3  group of persons.

  4         (9)  A municipality or county that imposes a tax under

  5  subsection (1) may use The revenues raised by any such tax

  6  imposed under subsection (1) or s. 202.20(1) may be used by a

  7  municipality or county for any public purpose, including, but

  8  not limited to, pledging such revenues for the repayment of

  9  current or future bonded indebtedness. Revenues raised by a

10  tax imposed under subsection (5) shall be used for the same

11  purposes as the underlying discretionary sales surtax imposed

12  by the county or school board under s. 212.055.

13         (10)  Notwithstanding any provision of law to the

14  contrary, the exemption set forth in s. 202.125(1) shall not

15  apply to a tax imposed by a municipality, school board, or

16  county pursuant to subsection (4) or subsection (5).

17         (11)  To the extent that a provider of communications

18  services is required to pay to a local taxing jurisdiction a

19  tax, charge, or other fee under any franchise agreement or

20  ordinance with respect to the services or revenues that are

21  also subject to the tax imposed by this section, such provider

22  is entitled to a credit against the amount payable to the

23  state pursuant to this section in the amount of such tax,

24  charge, or fee with respect to such services or revenues. The

25  amount of such credit shall be deducted from the amount that

26  such local taxing jurisdiction is entitled to receive under s.

27  202.18(3).

28         Section 10.  Effective January 1, 2004, subsections (4)

29  and (5) of section 202.19, Florida Statutes, as amended by

30  this act, are amended to read:

31


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  1         202.19  Authorization to impose local communications

  2  services tax.--

  3         (4)(a)1.  Except as otherwise provided in this section,

  4  the tax imposed by any municipality shall be on all

  5  communications services subject to tax under s. 202.12 which:

  6         a.  Originate or terminate in this state; and

  7         b.  Are charged to a service address in the

  8  municipality.

  9         2.  With respect to private communications services,

10  the tax shall be on the sales price of such services provided

11  within the municipality, which shall be determined in

12  accordance with the following provisions:.

13         a.  Any charge with respect to a channel termination

14  point located within such municipality;

15         b.  Any charge for the use of a channel between two

16  channel termination points located in such municipality; and

17         c.  Where channel termination points are located both

18  within and outside of the municipality:

19         (I)  If any segment between two such channel

20  termination points is separately billed, 50 percent of such

21  charge; and

22         (II)  If any segment of the circuit is not separately

23  billed, an amount equal to the total charge for such circuit

24  multiplied by a fraction, the numerator of which is the number

25  of channel termination points within such municipality and the

26  denominator of which is the total number of channel

27  termination points of the circuit. In determining the sales

28  price of private communications services subject to tax, the

29  communications service provider shall be entitled to use any

30  method that reasonably allocates the total charges among the

31  state and local taxing jurisdictions in which channel


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  1  termination points are located. An allocation method is deemed

  2  to be reasonable for purposes of this subparagraph if the

  3  communications service provider regularly used such method for

  4  Florida tax purposes prior to December 31, 2000. If a

  5  communications service provider uses a reasonable allocation

  6  method, such provider shall be held harmless from any

  7  liability for additional tax, interest, or penalty based on a

  8  different allocation method.

  9         (b)1.  Except as otherwise provided in this section,

10  the tax imposed by any county under subsection (1) shall be on

11  all communications services subject to tax under s. 202.12

12  which:

13         a.  Originate or terminate in this state; and

14         b.  Are charged to a service address in the

15  unincorporated area of the county.

16         2.  With respect to private communications services,

17  the tax shall be on the sales price of such services provided

18  within the unincorporated area of the county, which shall be

19  determined in accordance with the following provisions:.

20         a.  Any charge with respect to a channel termination

21  point located within the unincorporated area of such county;

22         b.  Any charge for the use of a channel between two

23  channel termination points located in the unincorporated area

24  of such county; and

25         c.  Where channel termination points are located both

26  within and outside of the unincorporated area of such county:

27         (I)  If any segment between two such channel

28  termination points is separately billed, 50 percent of such

29  charge; and

30         (II)  If any segment of the circuit is not separately

31  billed, an amount equal to the total charge for such circuit


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  1  multiplied by a fraction, the numerator of which is the number

  2  of channel termination points within the unincorporated area

  3  of such county and the denominator of which is the total

  4  number of channel termination points of the circuit. In

  5  determining the amount of charges for private communications

  6  services subject to tax, the communications service provider

  7  shall be entitled to use any method that reasonably allocates

  8  the total charges among the state and local taxing

  9  jurisdictions in which channel termination points are located.

10  An allocation method is deemed to be reasonable for purposes

11  of this subparagraph if the communications service provider

12  regularly used such method for Florida tax purposes prior to

13  December 31, 2000. If a communications service provider uses a

14  reasonable allocation method, such provider shall be held

15  harmless from any liability for additional tax, interest, or

16  penalty based on a different allocation method.

17         (5)  In addition to the communications services taxes

18  authorized by subsection (1), a discretionary sales surtax

19  that a county or school board has levied under s. 212.055 is

20  imposed as a local communications services tax under this

21  section, and the rate shall be determined in accordance with

22  s. 202.20(3).

23         (a)  Except as otherwise provided in this subsection,

24  each such tax rate shall be applied, in addition to the other

25  tax rates applied under this chapter, to communications

26  services subject to tax under s. 202.12 which:

27         1.  Originate or terminate in this state; and

28         2.  Are charged to a service address in the county.

29         (b)  With respect to private communications services,

30  the tax shall be on the sales price of such services provided

31


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  1  within the county, which shall be determined in accordance

  2  with the following provisions:.

  3         1.  Any charge with respect to a channel termination

  4  point located within such county;

  5         2.  Any charge for the use of a channel between two

  6  channel termination points located in such county; and

  7         3.  Where channel termination points are located both

  8  within and outside of such county:

  9         a.  If any segment between two such channel termination

10  points is separately billed, 50 percent of such charge; and

11         b.  If any segment of the circuit is not separately

12  billed, an amount equal to the total charge for such circuit

13  multiplied by a fraction, the numerator of which is the number

14  of channel termination points within such county and the

15  denominator of which is the total number of channel

16  termination points of the circuit. In determining the sales

17  price of private communications services subject to tax, the

18  communications service provider shall be entitled to use any

19  method that reasonably allocates the total charges among the

20  state and local taxing jurisdictions in which channel

21  termination points are located. An allocation method is deemed

22  to be reasonable for purposes of this paragraph if the

23  communications service provider regularly used such method for

24  Florida tax purposes prior to December 31, 2000. If a

25  communications service provider uses a reasonable allocation

26  method, such provider shall be held harmless from any

27  liability for additional tax, interest, or penalty based on a

28  different allocation method.

29         Section 11.  Effective with respect to bills issued by

30  communications services providers after August 1, 2002,

31


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  1  subsection (12) is added to section 202.19, Florida Statutes,

  2  to read:

  3         202.19  Authorization to impose local communications

  4  services tax.--

  5         (12)  Notwithstanding any other provision of this

  6  section, with respect to mobile communications services, the

  7  rate of a local communications services tax levied under this

  8  section shall be applied to the sales price of all mobile

  9  communications services deemed to be provided to a customer by

10  a home service provider pursuant to s. 117(a) of the Mobile

11  Telecommunications Sourcing Act, Pub. L. No. 106-252, if such

12  customer's service address is located within the municipality

13  levying the tax or within the unincorporated area of the

14  county levying the tax, as the case may be.

15         Section 12.  Effective with respect to communications

16  services reflected on bills dated on or after October 1, 2001,

17  section 202.20, Florida Statutes, is amended to read:

18         202.20  Local communications services tax conversion

19  rates.--

20         (1)(a)  For the period of October 1, 2001, through

21  September 30, 2002, there are hereby levied the following

22  local communications services tax conversion rates on taxable

23  sales as authorized by s. 202.19. The conversion rates take

24  effect without any action required by the local government.

25  The conversion rates for local governments that have not

26  chosen to levy permit fees do not include the add-ons of up to

27  0.12 percent for municipalities and charter counties or of up

28  to 0.24 percent for noncharter counties authorized pursuant to

29  s. 337.401.

30

31


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  1  Jurisdiction   County          Conversion      Conversion

  2                                 rates for       rates for

  3                                 local           local

  4                                 governments     governments

  5                                 that have NOT   that have

  6                                 chosen to       chosen to

  7                                 levy            levy

  8                                 permit fees     permit fees

  9

10  ALACHUA        Alachua         5.00%           4.88%

11  Alachua        Alachua         4.10%           3.98%

12  Archer         Alachua         3.30%           3.18%

13  Gainesville    Alachua         5.30%           5.18%

14  Hawthorne      Alachua         2.00%           1.88%

15  High Springs   Alachua         2.80%           2.68%

16  LaCrosse       Alachua         3.60%           3.48%

17  Micanopy       Alachua         2.70%           2.58%

18  Newberry       Alachua         4.60%           4.48%

19  Waldo          Alachua         1.40%           1.28%

20  BAKER          Baker           0.50%           0.50%

21  Glen Saint

22  Mary           Baker           5.70%           5.58%

23  Macclenny      Baker           6.40%           6.28%

24  BAY            Bay             0.00%           0.00%

25  Callaway       Bay             5.50%           5.38%

26  Cedar Grove    Bay             5.20%           5.08%

27  Lynn Haven     Bay             5.30%           5.18%

28  Mexico Beach   Bay             3.20%           3.08%

29  Panama City    Bay             5.30%           5.18%

30  Panama City

31  Beach          Bay             3.80%           3.68%


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  1  Parker         Bay             5.10%           4.98%

  2  Springfield    Bay             4.40%           4.28%

  3  BRADFORD       Bradford        0.50%           0.50%

  4  Brooker        Bradford        3.20%           3.08%

  5  Hampton        Bradford        2.40%           2.28%

  6  Lawtey         Bradford        1.20%           1.08%

  7  Starke         Bradford        3.80%           3.08%

  8  BREVARD        Brevard         1.40%           1.18%

  9  Cape

10  Canaveral      Brevard         4.90%           4.78%

11  Cocoa          Brevard         4.30%           4.18%

12  Cocoa Beach    Brevard         5.50%           5.38%

13  Indiatlantic   Brevard         6.70%           6.58%

14  Indian

15  Harbour Beach  Brevard         4.30%           4.18%

16  Malabar        Brevard         5.30%           5.18%

17  Melbourne      Brevard         5.40%           5.28%

18  Melbourne

19  Beach          Brevard         5.20%           5.08%

20  Melbourne

21  Village        Brevard         4.50%           4.38%

22  Palm Bay       Brevard         5.40%           5.28%

23  Palm Shores    Brevard         5.20%           5.08%

24  Rockledge      Brevard         4.40%           4.28%

25  Satellite

26  Beach          Brevard         1.80%           1.68%

27  Titusville     Brevard         5.70%           5.58%

28  West

29  Melbourne      Brevard         5.80%           5.68%

30  BROWARD        Broward         5.20%           5.08%

31  Coconut Creek  Broward         5.10%           4.98%


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  1  Cooper City    Broward         5.20%           5.08%

  2  Coral Springs  Broward         5.40%           5.28%

  3  Dania          Broward         5.60%           5.48%

  4  Davie          Broward         5.60%           5.48%

  5  Deerfield

  6  Beach          Broward         1.50%           1.38%

  7  Ft.

  8  Lauderdale     Broward         5.50%           5.38%

  9  Hallandale     Broward         5.20%           5.08%

10  Hillsboro

11  Beach          Broward         1.30%           1.18%

12  Hollywood      Broward         5.20%           5.08%

13  Lauderdale-

14  by-the-Sea     Broward         5.30%           5.18%

15  Lauderdale

16  Lakes          Broward         5.60%           5.48%

17  Lauderhill     Broward         5.50%           5.38%

18  Lazy Lake

19  Village        Broward         0.60%           0.48%

20  Lighthouse

21  Point          Broward         6.60%           6.48%

22  Margate        Broward         5.60%           5.48%

23  Miramar        Broward         5.40%           5.28%

24  North

25  Lauderdale     Broward         4.10%           3.98%

26  Oakland Park   Broward         5.70%           5.58%

27  Parkland       Broward         1.40%           1.28%

28  Pembroke Park  Broward         5.00%           4.88%

29  Pembroke

30  Pines          Broward         5.70%           5.58%

31  Plantation     Broward         5.00%           4.88%


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  1  Pompano Beach  Broward         4.90%           4.78%

  2  Sea Ranch

  3  Lakes          Broward         1.60%           1.48%

  4  Southwest

  5  Ranches        Broward         4.90%           4.78%

  6  Sunrise        Broward         5.00%           4.88%

  7  Tamarac        Broward         2.50%           1.78%

  8  Weston         Broward         5.50%           5.38%

  9  Wilton Manors  Broward         5.90%           5.78%

10  CALHOUN        Calhoun         0.00%           0.00%

11  Altha          Calhoun         4.30%           4.18%

12  Blountstown    Calhoun         1.40%           1.28%

13  CHARLOTTE      Charlotte       2.00%           1.88%

14  Punta Gorda    Charlotte       5.40%           5.28%

15  CITRUS         Citrus          2.10%           2.10%

16  Crystal River  Citrus          5.60%           5.48%

17  Inverness      Citrus          5.60%           5.48%

18  CLAY           Clay            6.30%           6.18%

19  Green Cove

20  Springs        Clay            4.00%           3.88%

21  Keystone

22  Heights        Clay            2.30%           2.18%

23  Orange Park    Clay            0.80%           0.68%

24  Penney Farms   Clay            2.00%           1.88%

25  COLLIER        Collier         2.30%           2.30%

26  Everglades     Collier         4.20%           3.88%

27  Marco Island   Collier         2.50%           1.98%

28  Naples         Collier         3.60%           3.48%

29  COLUMBIA       Columbia        1.40%           1.40%

30  Ft. White      Columbia        0.70%           0.58%

31  Lake City      Columbia        4.70%           4.58%


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  1  DESOTO         DeSoto          2.20%           2.20%

  2  Arcadia        DeSoto          4.00%           3.88%

  3  DIXIE          Dixie           0.10%           0.10%

  4  Cross City     Dixie           2.70%           2.58%

  5  Horseshoe

  6  Beach          Dixie           6.70%           6.58%

  7  DUVAL/Jax      Duval           4.80%           4.68%

  8  Atlantic

  9  Beach          Duval           6.40%           6.28%

10  Baldwin        Duval           6.60%           6.48%

11  Jacksonville

12  Beach          Duval           5.00%           4.78%

13  Neptune Beach  Duval           4.30%           4.18%

14  ESCAMBIA       Escambia        1.70%           1.70%

15  Century        Escambia        2.30%           2.18%

16  Pensacola      Escambia        5.50%           5.38%

17  FLAGLER        Flagler         0.70%           0.70%

18  Beverly Beach  Flagler         2.00%           1.88%

19  Bunnell        Flagler         2.70%           2.58%

20  Flagler Beach  Flagler &

21                 Volusia         5.40%           5.28%

22  Marineland     Flagler &

23                 St. Johns       0.40%           0.28%

24  Palm Coast     Flagler         1.40%           1.28%

25  FRANKLIN       Franklin        0.90%           0.90%

26  Apalachicola   Franklin        3.90%           3.78%

27  Carrabelle     Franklin        6.20%           6.08%

28  GADSDEN        Gadsden         0.30%           0.30%

29  Chattahoochee  Gadsden         1.10%           0.98%

30  Greensboro     Gadsden         0.00%           0.00%

31  Gretna         Gadsden         4.20%           4.08%


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  1  Havana         Gadsden         0.80%           0.68%

  2  Midway         Gadsden         4.00%           3.88%

  3  Quincy         Gadsden         1.20%           1.08%

  4  GILCHRIST      Gilchrist       0.00%           0.00%

  5  Bell           Gilchrist       4.80%           4.68%

  6  Fanning        Gilchrist &

  7  Springs        Levy            6.00%           5.88%

  8  Trenton        Gilchrist       4.20%           4.08%

  9  GLADES         Glades          0.50%           0.50%

10  Moore Haven    Glades          1.30%           1.18%

11  GULF           Gulf            0.40%           0.40%

12  Port St. Joe   Gulf            3.90%           3.78%

13  Wewahitchka    Gulf            3.90%           3.78%

14  HAMILTON       Hamilton        0.30%           0.30%

15  Jasper         Hamilton        5.20%           4.98%

16  Jennings       Hamilton        1.60%           1.48%

17  White Springs  Hamilton        5.40%           5.28%

18  HARDEE         Hardee          1.20%           1.20%

19  Bowling Green  Hardee          3.40%           3.28%

20  Wauchula       Hardee          5.40%           5.28%

21  Zolfo Springs  Hardee          2.40%           2.28%

22  HENDRY         Hendry          0.70%           0.70%

23  Clewiston      Hendry          3.50%           3.38%

24  La Belle       Hendry          4.40%           4.28%

25  HERNANDO       Hernando        1.50%           1.50%

26  Brooksville    Hernando        1.00%           0.88%

27  Weeki Wachee   Hernando        0.10%           0.00%

28  HIGHLANDS      Highlands       1.20%           1.20%

29  Avon Park      Highlands       4.70%           4.58%

30  Lake Placid    Highlands       1.00%           0.88%

31  Sebring        Highlands       1.20%           0.88%


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  1  HILLSBOROUGH   Hillsborough    2.20%           2.08%

  2  Plant City     Hillsborough    6.10%           5.98%

  3  Tampa          Hillsborough    5.50%           5.28%

  4  Temple

  5  Terrace        Hillsborough    5.80%           5.68%

  6  HOLMES         Holmes          0.20%           0.20%

  7  Bonifay        Holmes          6.20%           6.08%

  8  Esto           Holmes          0.90%           0.78%

  9  Noma           Holmes          0.20%           0.08%

10  Ponce de Leon  Holmes          2.90%           2.78%

11  Westville      Holmes          1.00%           0.88%

12  INDIAN RIVER   Indian River    1.50%           1.50%

13  Fellsmere      Indian River    4.40%           4.28%

14  Indian River

15  Shores         Indian River    3.00%           2.88%

16  Orchid         Indian River    2.30%           2.18%

17  Sebastian      Indian River    3.50%           3.38%

18  Vero Beach     Indian River    5.40%           5.28%

19  JACKSON        Jackson         0.20%           0.20%

20  Alford         Jackson         0.30%           0.18%

21  Bascom         Jackson         1.30%           1.18%

22  Campbellton    Jackson         0.30%           0.18%

23  Cottondale     Jackson         4.70%           4.58%

24  Graceville     Jackson         4.80%           4.68%

25  Grand Ridge    Jackson         0.80%           0.68%

26  Greenwood      Jackson         0.40%           0.28%

27  Jacob City     Jackson         0.00%           0.00%

28  Malone         Jackson         0.50%           0.38%

29  Marianna       Jackson         4.30%           4.18%

30  Sneads         Jackson         3.60%           3.48%

31  JEFFERSON      Jefferson       1.00%           1.00%


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  1  Monticello     Jefferson       4.90%           4.78%

  2  LAFAYETTE      Lafayette       0.00%           0.00%

  3  Mayo           Lafayette       2.10%           1.98%

  4  LAKE           Lake            1.90%           1.90%

  5  Astatula       Lake            4.80%           4.68%

  6  Clermont       Lake            5.00%           4.88%

  7  Eustis         Lake            5.50%           5.38%

  8  Fruitland

  9  Park           Lake            5.10%           4.98%

10  Groveland      Lake            5.30%           5.18%

11  Howey-in-

12  the-Hills      Lake            3.60%           3.48%

13  Lady Lake      Lake            1.50%           1.38%

14  Leesburg       Lake            1.40%           1.28%

15  Mascotte       Lake            4.20%           4.08%

16  Minneola       Lake            3.50%           3.38%

17  Montverde      Lake            1.90%           1.78%

18  Mount Dora     Lake            1.70%           1.28%

19  Tavares        Lake            5.60%           5.48%

20  Umatilla       Lake            3.40%           3.28%

21  LEE            Lee             2.20%           2.08%

22  Bonita

23  Springs        Lee             1.90%           1.78%

24  Cape Coral     Lee             1.60%           1.48%

25  Ft. Myers      Lee             5.10%           4.98%

26  Ft. Myers

27  Beach          Lee             2.30%           2.18%

28  Sanibel        Lee             2.50%           2.38%

29  LEON           Leon            1.10%           1.10%

30  Tallahassee    Leon            4.70%           4.58%

31  LEVY           Levy            0.00%           0.00%


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  1  Bronson        Levy            2.80%           2.68%

  2  Cedar Key      Levy            2.30%           2.18%

  3  Chiefland      Levy            2.90%           2.78%

  4  Inglis         Levy            3.80%           3.68%

  5  Otter Creek    Levy            0.70%           0.58%

  6  Williston      Levy            1.80%           1.68%

  7  Yankeetown     Levy            6.00%           5.88%

  8  LIBERTY        Liberty         0.60%           0.60%

  9  Bristol        Liberty         3.10%           2.98%

10  MADISON        Madison         0.40%           0.40%

11  Greenville     Madison         2.30%           2.18%

12  Lee            Madison         0.50%           0.38%

13  Madison        Madison         5.30%           4.88%

14  MANATEE        Manatee         0.80%           0.80%

15  Anna Maria     Manatee         1.50%           1.38%

16  Bradenton      Manatee         6.10%           5.98%

17  Bradenton

18  Beach          Manatee         6.00%           5.88%

19  Holmes Beach   Manatee         3.80%           3.68%

20  Palmetto       Manatee         5.80%           5.68%

21  Longboat Key   Manatee &

22                 Sarasota        3.50%           3.38%

23  MARION         Marion          0.00%           0.00%

24  Belleview      Marion          1.00%           0.88%

25  Dunnellon      Marion          4.80%           4.68%

26  McIntosh       Marion          1.40%           1.28%

27  Ocala          Marion          5.20%           5.08%

28  Reddick        Marion          1.40%           1.28%

29  MARTIN         Martin          1.50%           1.50%

30  Jupiter

31  Island         Martin          0.70%           0.58%


                                  47

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Ocean Breeze

  2  Park           Martin          2.40%           2.28%

  3  Sewalls Point  Martin          2.40%           2.28%

  4  Stuart         Martin          5.20%           5.08%

  5  MIAMI-DADE     Miami-Dade      5.00%           4.78%

  6  Aventura       Miami-Dade      5.60%           5.48%

  7  Bal Harbour    Miami-Dade      5.40%           5.28%

  8  Bay Harbor

  9  Islands        Miami-Dade      5.20%           5.08%

10  Biscayne Park  Miami-Dade      4.70%           4.58%

11  Coral Gables   Miami-Dade      4.40%           4.28%

12  El Portal      Miami-Dade      6.00%           5.88%

13  Florida City   Miami-Dade      5.80%           5.68%

14  Golden Beach   Miami-Dade      2.10%           1.98%

15  Hialeah        Miami-Dade      5.40%           5.28%

16  Hialeah

17  Gardens        Miami-Dade      5.60%           5.48%

18  Homestead      Miami-Dade      5.70%           5.58%

19  Indian Creek

20  Village        Miami-Dade      0.80%           0.68%

21  Islandia       Miami-Dade      0.00%           0.00%

22  Key Biscayne   Miami-Dade      5.00%           4.88%

23  Medley         Miami-Dade      6.70%           6.58%

24  Miami          Miami-Dade      5.10%           4.98%

25  Miami Beach    Miami-Dade      5.10%           4.98%

26  Miami Shores   Miami-Dade      6.10%           5.98%

27  Miami Springs  Miami-Dade      3.20%           3.08%

28  North Bay      Miami-Dade      5.30%           5.18%

29  North Miami    Miami-Dade      5.20%           5.08%

30  North Miami

31  Beach          Miami-Dade      5.40%           5.28%


                                  48

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Opa-Locka      Miami-Dade      4.00%           3.88%

  2  Pinecrest      Miami-Dade      5.90%           5.78%

  3  South Miami    Miami-Dade      5.20%           5.08%

  4  Sunny Isles

  5  Beach          Miami-Dade      5.50%           5.38%

  6  Surfside       Miami-Dade      5.20%           5.08%

  7  Sweetwater     Miami-Dade      5.00%           4.88%

  8  Virginia

  9  Gardens        Miami-Dade      0.40%           0.28%

10  West Miami     Miami-Dade      4.80%           4.68%

11  MONROE         Monroe          1.50%           1.50%

12  Islamorada     Monroe          0.40%           0.00%

13  Key Colony

14  Beach          Monroe          2.60%           2.48%

15  Key West       Monroe          1.60%           1.48%

16  Layton         Monroe          0.00%           0.00%

17  Marathon       Monroe          2.10%           1.68%

18  NASSAU         Nassau          0.80%           0.80%

19  Callahan       Nassau          4.90%           4.78%

20  Fernandina

21  Beach          Nassau          5.40%           5.28%

22  Hilliard       Nassau          3.40%           3.28%

23  OKALOOSA       Okaloosa        0.70%           0.70%

24  Cinco Bayou    Okaloosa        5.40%           5.28%

25  Crestview      Okaloosa        3.70%           3.58%

26  Destin         Okaloosa        2.10%           1.98%

27  Ft. Walton

28  Beach          Okaloosa        5.90%           5.78%

29  Laurel Hill    Okaloosa        3.00%           2.88%

30  Mary Esther    Okaloosa        5.30%           5.18%

31  Niceville      Okaloosa        6.00%           5.88%


                                  49

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Shalimar       Okaloosa        5.40%           5.28%

  2  Valparaiso     Okaloosa        4.10%           3.98%

  3  OKEECHOBEE     Okeechobee      0.90%           0.90%

  4  Okeechobee     Okeechobee      4.80%           4.68%

  5  ORANGE         Orange          5.20%           4.98%

  6  Apopka         Orange          6.50%           6.38%

  7  Bay Lake       Orange          0.00%           0.00%

  8  Belle Isle     Orange          1.80%           1.68%

  9  Eatonville     Orange          4.70%           4.58%

10  Edgewood       Orange          1.00%           0.88%

11  Lake Buena

12  Vista          Orange          0.00%           0.00%

13  Maitland       Orange          5.60%           5.38%

14  Oakland        Orange          5.40%           5.28%

15  Ocoee          Orange          5.00%           4.68%

16  Orlando        Orange          4.40%           4.28%

17  Windermere     Orange          4.70%           4.58%

18  Winter Garden  Orange          4.70%           4.58%

19  Winter Park    Orange          6.10%           5.98%

20  OSCEOLA        Osceola         5.50%           5.28%

21  Kissimmee      Osceola         4.80%           4.68%

22  St. Cloud      Osceola         5.50%           5.38%

23  PALM BEACH     Palm Beach      5.00%           4.88%

24  Atlantis       Palm Beach      1.20%           1.08%

25  Belle Glade    Palm Beach      5.40%           5.28%

26  Boca Raton     Palm Beach      5.70%           5.58%

27  Boynton Beach  Palm Beach      5.20%           5.08%

28  Briny Breezes  Palm Beach      3.20%           0.28%

29  Cloud Lake     Palm Beach      2.40%           2.28%

30  Delray Beach   Palm Beach      4.70%           4.58%

31  Glen Ridge     Palm Beach      1.60%           1.48%


                                  50

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Golf Village   Palm Beach      0.60%           0.48%

  2  Golfview       Palm Beach      0.70%           0.58%

  3  Greenacres

  4  City           Palm Beach      5.80%           5.68%

  5  Gulf Stream    Palm Beach      1.10%           0.98%

  6  Haverhill      Palm Beach      1.60%           1.28%

  7  Highland

  8  Beach          Palm Beach      4.40%           4.28%

  9  Hypoluxo       Palm Beach      6.30%           6.18%

10  Juno Beach     Palm Beach      5.10%           4.98%

11  Jupiter        Palm Beach      4.30%           4.18%

12  Jupiter

13  Inlet Colony   Palm Beach      2.10%           1.98%

14  Lake Clarke

15  Shores         Palm Beach      1.60%           1.48%

16  Lake Park      Palm Beach      5.60%           5.48%

17  Lake Worth     Palm Beach      5.20%           5.08%

18  Lantana        Palm Beach      5.80%           5.68%

19  Manalapan      Palm Beach      1.80%           1.68%

20  Mangonia Park  Palm Beach      5.90%           5.78%

21  North Palm

22  Beach          Palm Beach      5.50%           5.28%

23  Ocean Ridge    Palm Beach      1.10%           0.98%

24  Pahokee        Palm Beach      4.60%           4.48%

25  Palm Beach     Palm Beach      4.90%           4.78%

26  Palm Beach

27  Gardens        Palm Beach      1.20%           1.08%

28  Palm Beach

29  Shores         Palm Beach      5.80%           5.68%

30  Palm Springs   Palm Beach      5.60%           5.48%

31  Riviera Beach  Palm Beach      4.80%           4.68%


                                  51

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Royal Palm

  2  Beach          Palm Beach      5.30%           5.18%

  3  South Bay      Palm Beach      5.50%           5.38%

  4  South Palm

  5  Beach          Palm Beach      6.00%           5.88%

  6  Tequesta

  7  Village        Palm Beach      4.40%           4.28%

  8  Wellington     Palm Beach      5.50%           5.38%

  9  West Palm

10  Beach          Palm Beach      5.70%           5.58%

11  PASCO          Pasco           1.60%           1.60%

12  Dade City      Pasco           5.30%           5.18%

13  New Port

14  Richey         Pasco           5.90%           5.78%

15  Port Richey    Pasco           1.00%           0.88%

16  Saint Leo      Pasco           1.10%           0.98%

17  San Antonio    Pasco           0.80%           0.68%

18  Zephyrhills    Pasco           5.90%           5.78%

19  PINELLAS       Pinellas        2.00%           1.88%

20  Belleair       Pinellas        1.80%           1.68%

21  Belleair

22  Beach          Pinellas        6.50%           6.38%

23  Belleair

24  Bluffs         Pinellas        2.10%           1.98%

25  Belleair

26  Shore          Pinellas        2.60%           2.48%

27  Clearwater     Pinellas        5.40%           5.28%

28  Dunedin        Pinellas        5.60%           5.48%

29  Gulfport       Pinellas        6.50%           6.38%

30  Indian Rocks

31  Beach          Pinellas        2.50%           2.38%


                                  52

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Indian Shores  Pinellas        2.80%           2.68%

  2  Kenneth City   Pinellas        1.40%           1.28%

  3  Largo          Pinellas        6.00%           5.88%

  4  Madeira Beach  Pinellas        6.00%           5.88%

  5  North

  6  Redington

  7  Beach          Pinellas        1.80%           1.68%

  8  Oldsmar        Pinellas        6.10%           5.98%

  9  Pinellas Park  Pinellas        5.90%           5.78%

10  Redington

11  Beach          Pinellas        5.90%           5.78%

12  Redington

13  Shores         Pinellas        1.20%           1.08%

14  Safety Harbor  Pinellas        6.90%           6.38%

15  St. Pete

16  Beach          Pinellas        6.10%           5.98%

17  St.

18  Petersburg     Pinellas        6.00%           5.88%

19  Seminole       Pinellas        5.50%           5.38%

20  South

21  Pasadena       Pinellas        6.10%           5.98%

22  Tarpon

23  Springs        Pinellas        6.10%           5.98%

24  Treasure

25  Island         Pinellas        2.40%           2.28%

26  POLK           Polk            2.90%           2.78%

27  Auburndale     Polk            4.60%           4.48%

28  Bartow         Polk            6.50%           5.68%

29  Davenport      Polk            3.70%           3.58%

30  Dundee         Polk            6.00%           5.88%

31  Eagle Lake     Polk            5.80%           5.68%


                                  53

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Ft. Meade      Polk            5.60%           4.98%

  2  Frostproof     Polk            5.70%           5.58%

  3  Haines City    Polk            5.50%           5.38%

  4  Highland Park  Polk            0.00%           0.00%

  5  Hillcrest

  6  Heights        Polk            1.10%           0.98%

  7  Lake Alfred    Polk            4.80%           4.68%

  8  Lake Hamilton  Polk            3.90%           3.78%

  9  Lake Wales     Polk            4.80%           4.68%

10  Lakeland       Polk            5.60%           5.48%

11  Mulberry       Polk            3.40%           3.28%

12  Polk City      Polk            3.00%           2.88%

13  Winter Haven   Polk            6.70%           6.58%

14  PUTNAM         Putnam          1.30%           1.30%

15  Crescent City  Putnam          4.70%           4.58%

16  Interlachen    Putnam          1.80%           1.68%

17  Palatka        Putnam          5.40%           5.28%

18  Pomona Park    Putnam          3.10%           2.98%

19  Welaka         Putnam          2.70%           2.58%

20  SANTA ROSA     Santa Rosa      1.70%           1.70%

21  Gulf Breeze    Santa Rosa      1.10%           0.98%

22  Jay            Santa Rosa      1.40%           1.28%

23  Milton         Santa Rosa      6.20%           6.08%

24  SARASOTA       Sarasota        5.10%           4.98%

25  North Port     Sarasota        6.10%           5.98%

26  Sarasota       Sarasota        5.60%           5.48%

27  Venice         Sarasota        5.40%           5.28%

28  SEMINOLE       Seminole        3.20%           2.98%

29  Altamonte

30  Springs        Seminole        5.20%           5.08%

31  Casselberry    Seminole        5.70%           5.58%


                                  54

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Lake Mary      Seminole        4.40%           4.28%

  2  Longwood       Seminole        5.80%           5.68%

  3  Oviedo         Seminole        4.70%           4.58%

  4  Sanford        Seminole        5.00%           4.88%

  5  Winter

  6  Springs        Seminole        6.20%           6.08%

  7  ST. JOHNS      St. Johns       1.30%           1.30%

  8  Hastings       St. Johns       1.60%           1.48%

  9  St. Augustine  St. Johns       4.80%           4.68%

10  St. Augustine

11  Beach          St. Johns       4.90%           4.78%

12  ST. LUCIE      St. Lucie       1.20%           1.20%

13  Ft. Pierce     St. Lucie       4.90%           4.78%

14  Port St.

15  Lucie          St. Lucie       1.60%           1.48%

16  St. Lucie

17  Village        St. Lucie       1.80%           1.68%

18  SUMTER         Sumter          0.80%           0.80%

19  Bushnell       Sumter          5.40%           5.28%

20  Center Hill    Sumter          4.70%           4.58%

21  Coleman        Sumter          4.20%           4.08%

22  Webster        Sumter          3.30%           3.18%

23  Wildwood       Sumter          3.90%           3.78%

24  SUWANNEE       Suwannee        0.50%           0.50%

25  Branford       Suwannee        4.90%           4.78%

26  Live Oak       Suwannee        6.00%           5.88%

27  TAYLOR         Taylor          1.20%           1.20%

28  Perry          Taylor          5.90%           5.78%

29  UNION          Union           0.40%           0.40%

30  Lake Butler    Union           2.50%           2.38%

31  Raiford        Union           0.00%           0.00%


                                  55

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Worthington

  2  Springs        Union           0.00%           0.00%

  3  VOLUSIA        Volusia         4.20%           4.08%

  4  Daytona Beach  Volusia         5.00%           4.88%

  5  Daytona Beach

  6  Shores         Volusia         5.50%           5.38%

  7  DeBary         Volusia         4.70%           4.58%

  8  DeLand         Volusia         4.60%           4.48%

  9  Deltona        Volusia         6.60%           6.48%

10  Edgewater      Volusia         5.20%           5.08%

11  Holly Hill     Volusia         4.50%           4.38%

12  Lake Helen     Volusia         2.20%           2.08%

13  New Smyrna

14  Beach          Volusia         4.40%           4.28%

15  Oak Hill       Volusia         3.80%           3.68%

16  Orange City    Volusia         4.90%           4.78%

17  Ormond Beach   Volusia         5.30%           5.18%

18  Pierson        Volusia         1.20%           1.08%

19  Ponce Inlet    Volusia         5.70%           5.58%

20  Port Orange    Volusia         5.10%           4.98%

21  South Daytona  Volusia         6.10%           5.98%

22  WAKULLA        Wakulla         0.90%           0.90%

23  St. Marks      Wakulla         0.00%           0.00%

24  Sopchoppy      Wakulla         1.30%           1.18%

25  WALTON         Walton          0.70%           0.70%

26  DeFuniak

27  Springs        Walton          6.00%           5.88%

28  Freeport       Walton          1.40%           1.28%

29  Paxton         Walton          2.80%           2.68%

30  WASHINGTON     Washington      0.30%           0.30%

31  Caryville      Washington      1.00%           0.88%


                                  56

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Chipley        Washington      5.70%           5.58%

  2  Ebro           Washington      0.60%           0.48%

  3  Vernon         Washington      5.80%           5.68%

  4  Wausau         Washington      1.90%           1.78%

  5

  6  The conversion rate displayed in the rows with the name of the

  7  county in capitalized letters assigns the conversion rate for

  8  the unincorporated area. This paragraph is repealed October 1,

  9  2002.

10         (b)  Beginning October 1, 2002, there are hereby levied

11  the following local communications services tax conversion

12  rates on taxable sales as authorized by s. 202.19. The

13  conversion rates take effect without any action required by

14  the local government. The conversion rates for local

15  governments that have not chosen to levy permit fees do not

16  include the add-ons of up to 0.12 percent for municipalities

17  and charter counties or of up to 0.24 percent for noncharter

18  counties authorized pursuant to s. 337.401.

19

20  Jurisdiction   County          Conversion      Conversion

21                                 rates for local rates for local

22                                 governments     governments

23                                 that have NOT   that have

24                                 chosen to levy  chosen to levy

25                                 permit fees     permit fees

26

27  ALACHUA        Alachua         4.70%           4.58%

28  Alachua        Alachua         3.80%           3.58%

29  Archer         Alachua         3.10%           2.98%

30  Gainesville    Alachua         4.90%           4.78%

31  Hawthorne      Alachua         1.90%           1.78%


                                  57

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  High Springs   Alachua         2.60%           2.48%

  2  LaCrosse       Alachua         3.30%           3.18%

  3  Micanopy       Alachua         2.50%           2.38%

  4  Newberry       Alachua         4.20%           4.08%

  5  Waldo          Alachua         1.30%           1.18%

  6  BAKER          Baker           0.40%           0.40%

  7  Glen Saint

  8  Mary           Baker           5.30%           5.18%

  9  Macclenny      Baker           5.90%           5.78%

10  BAY            Bay             0.00%           0.00%

11  Callaway       Bay             5.10%           4.98%

12  Cedar Grove    Bay             4.80%           4.68%

13  Lynn Haven     Bay             4.90%           4.78%

14  Mexico Beach   Bay             3.00%           2.88%

15  Panama City    Bay             4.90%           4.78%

16  Panama City

17  Beach          Bay             3.50%           3.38%

18  Parker         Bay             4.80%           4.68%

19  Springfield    Bay             4.00%           3.88%

20  BRADFORD       Bradford        0.50%           0.50%

21  Brooker        Bradford        3.00%           2.88%

22  Hampton        Bradford        2.20%           2.08%

23  Lawtey         Bradford        1.10%           0.98%

24  Starke         Bradford        3.50%           2.88%

25  BREVARD        Brevard         1.30%           1.08%

26  Cape

27  Canaveral      Brevard         4.50%           4.38%

28  Cocoa          Brevard         3.90%           3.78%

29  Cocoa Beach    Brevard         5.10%           4.98%

30  Indiatlantic   Brevard         6.20%           6.08%

31  Indian


                                  58

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Harbour Beach  Brevard         4.00%           3.88%

  2  Malabar        Brevard         4.90%           4.78%

  3  Melbourne      Brevard         4.90%           4.78%

  4  Melbourne

  5  Beach          Brevard         4.80%           4.68%

  6  Melbourne

  7  Village        Brevard         4.10%           3.98%

  8  Palm Bay       Brevard         5.00%           4.88%

  9  Palm Shores    Brevard         4.80%           4.68%

10  Rockledge      Brevard         4.10%           3.98%

11  Satellite

12  Beach          Brevard         1.70%           1.58%

13  Titusville     Brevard         5.30%           5.18%

14  West

15  Melbourne      Brevard         5.40%           5.28%

16  BROWARD        Broward         4.80%           4.68%

17  Coconut Creek  Broward         4.70%           4.58%

18  Cooper City    Broward         4.80%           4.68%

19  Coral Springs  Broward         5.00%           4.88%

20  Dania          Broward         5.20%           5.08%

21  Davie          Broward         5.20%           5.08%

22  Deerfield

23  Beach          Broward         1.40%           1.28%

24  Ft.

25  Lauderdale     Broward         5.10%           4.98%

26  Hallandale     Broward         4.80%           4.68%

27  Hillsboro

28  Beach          Broward         1.20%           1.08%

29  Hollywood      Broward         4.80%           4.68%

30  Lauderdale-

31  by-the-Sea     Broward         4.90%           4.78%


                                  59

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Lauderdale

  2  Lakes          Broward         5.20%           5.08%

  3  Lauderhill     Broward         5.10%           4.98%

  4  Lazy Lake

  5  Village        Broward         0.60%           0.48%

  6  Lighthouse

  7  Point          Broward         6.10%           5.98%

  8  Margate        Broward         5.20%           5.08%

  9  Miramar        Broward         5.00%           4.88%

10  North

11  Lauderdale     Broward         3.80%           3.68%

12  Oakland Park   Broward         5.30%           5.18%

13  Parkland       Broward         1.30%           1.18%

14  Pembroke Park  Broward         4.60%           4.48%

15  Pembroke

16  Pines          Broward         5.30%           5.18%

17  Plantation     Broward         4.60%           4.48%

18  Pompano Beach  Broward         4.50%           4.38%

19  Sea Ranch

20  Lakes          Broward         1.50%           1.38%

21  Southwest

22  Ranches        Broward         4.50%           4.38%

23  Sunrise        Broward         4.60%           4.48%

24  Tamarac        Broward         2.30%           1.58%

25  Weston         Broward         5.00%           4.88%

26  Wilton Manors  Broward         5.50%           5.38%

27  CALHOUN        Calhoun         0.00%           0.00%

28  Altha          Calhoun         4.00%           3.88%

29  Blountstown    Calhoun         1.30%           1.18%

30  CHARLOTTE      Charlotte       1.80%           1.68%

31  Punta Gorda    Charlotte       5.00%           4.88%


                                  60

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  CITRUS         Citrus          2.00%           2.00%

  2  Crystal River  Citrus          5.10%           4.98%

  3  Inverness      Citrus          5.20%           5.08%

  4  CLAY           Clay            5.80%           5.68%

  5  Green Cove

  6  Springs        Clay            3.70%           3.58%

  7  Keystone

  8  Heights        Clay            2.10%           1.98%

  9  Orange Park    Clay            0.80%           0.68%

10  Penney Farms   Clay            1.90%           1.78%

11  COLLIER        Collier         2.10%           2.10%

12  Everglades     Collier         3.90%           3.58%

13  Marco Island   Collier         2.30%           1.78%

14  Naples         Collier         3.30%           3.18%

15  COLUMBIA       Columbia        1.30%           1.30%

16  Ft. White      Columbia        0.60%           0.48%

17  Lake City      Columbia        4.40%           4.28%

18  DESOTO         Desoto          2.10%           2.10%

19  Arcadia        Desoto          3.70%           3.58%

20  DIXIE          Dixie           0.10%           0.10%

21  Cross City     Dixie           2.50%           2.38%

22  Horseshoe

23  Beach          Dixie           6.20%           6.08%

24  DUVAL/Jax      Duval           4.50%           4.38%

25  Atlantic

26  Beach          Duval           5.90%           5.78%

27  Baldwin        Duval           6.10%           5.98%

28  Jacksonville

29  Beach          Duval           4.60%           4.38%

30  Neptune Beach  Duval           4.00%           3.88%

31  ESCAMBIA       Escambia        1.60%           1.60%


                                  61

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Century        Escambia        2.10%           1.98%

  2  Pensacola      Escambia        5.10%           4.88%

  3  FLAGLER        Flagler         0.60%           0.60%

  4  Beverly Beach  Flagler         1.80%           1.68%

  5  Bunnell        Flagler         2.50%           2.38%

  6  Flagler        Flagler &

  7  Beach          Volusia         4.90%           4.78%

  8  Marineland     Flagler &

  9                 St. Johns       0.40%           0.28%

10  Palm Coast     Flagler         1.30%           1.18%

11  FRANKLIN       Franklin        0.90%           0.90%

12  Apalachicola   Franklin        3.60%           3.48%

13  Carrabelle     Franklin        5.70%           5.58%

14  GADSDEN        Gadsden         0.20%           0.20%

15  Chattahoochee  Gadsden         1.00%           0.88%

16  Greensboro     Gadsden         0.00%           0.00%

17  Gretna         Gadsden         3.90%           3.78%

18  Havana         Gadsden         0.80%           0.68%

19  Midway         Gadsden         3.70%           3.58%

20  Quincy         Gadsden         1.10%           0.98%

21  GILCHRIST      Gilchrist       0.00%           0.00%

22  Bell           Gilchrist       4.50%           4.38%

23  Fanning        Gilchrist &

24  Springs        Levy            5.50%           5.38%

25  Trenton        Gilchrist       3.90%           3.78%

26  GLADES         Glades          0.50%           0.50%

27  Moore Haven    Glades          1.20%           1.08%

28  GULF           Gulf            0.30%           0.30%

29  Port St. Joe   Gulf            3.60%           3.48%

30  Wewahitchka    Gulf            3.60%           3.48%

31  HAMILTON       Hamilton        0.30%           0.30%


                                  62

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Jasper         Hamilton        4.80%           4.58%

  2  Jennings       Hamilton        1.50%           1.38%

  3  White Springs  Hamilton        5.00%           4.88%

  4  HARDEE         Hardee          1.10%           1.10%

  5  Bowling Green  Hardee          3.20%           3.08%

  6  Wauchula       Hardee          5.00%           4.88%

  7  Zolfo Springs  Hardee          2.20%           2.08%

  8  HENDRY         Hendry          0.70%           0.70%

  9  Clewiston      Hendry          3.20%           3.08%

10  La Belle       Hendry          4.10%           3.98%

11  HERNANDO       Hernando        1.40%           1.40%

12  Brooksville    Hernando        0.90%           0.78%

13  Weeki Wachee   Hernando        0.10%           0.00%

14  HIGHLANDS      Highlands       1.10%           1.10%

15  Avon Park      Highlands       4.40%           4.28%

16  Lake Placid    Highlands       0.90%           0.78%

17  Sebring        Highlands       1.10%           0.78%

18  HILLSBOROUGH   Hillsborough    2.10%           1.98%

19  Plant City     Hillsborough    5.60%           5.48%

20  Tampa          Hillsborough    5.00%           4.88%

21  Temple

22  Terrace        Hillsborough    5.40%           5.28%

23  HOLMES         Holmes          0.20%           0.20%

24  Bonifay        Holmes          5.70%           5.58%

25  Esto           Holmes          0.80%           0.68%

26  Noma           Holmes          0.10%           0.00%

27  Ponce de Leon  Holmes          2.70%           2.58%

28  Westville      Holmes          0.90%           0.78%

29  INDIAN RIVER   Indian River    1.40%           1.40%

30  Fellsmere      Indian River    4.10%           3.98%

31  Indian River


                                  63

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Shores         Indian River    2.80%           2.68%

  2  Orchid         Indian River    2.10%           1.98%

  3  Sebastian      Indian River    3.30%           3.18%

  4  Vero Beach     Indian River    5.00%           4.88%

  5  JACKSON        Jackson         0.20%           0.20%

  6  Alford         Jackson         0.30%           0.18%

  7  Bascom         Jackson         1.20%           1.08%

  8  Campbellton    Jackson         0.30%           0.18%

  9  Cottondale     Jackson         4.30%           4.18%

10  Graceville     Jackson         4.40%           4.28%

11  Grand Ridge    Jackson         0.80%           0.68%

12  Greenwood      Jackson         0.40%           0.28%

13  Jacob City     Jackson         0.00%           0.00%

14  Malone         Jackson         0.50%           0.38%

15  Marianna       Jackson         4.00%           3.88%

16  Sneads         Jackson         3.30%           3.18%

17  JEFFERSON      Jefferson       0.90%           0.90%

18  Monticello     Jefferson       4.50%           4.38%

19  LAFAYETTE      Lafayette       0.00%           0.00%

20  Mayo           Lafayette       2.00%           1.88%

21  LAKE           Lake            1.70%           1.70%

22  Astatula       Lake            4.40%           4.28%

23  Clermont       Lake            4.70%           4.58%

24  Eustis         Lake            5.10%           4.98%

25  Fruitland

26  Park           Lake            4.70%           4.58%

27  Groveland      Lake            4.90%           4.78%

28  Howey-in-the-

29  Hills          Lake            3.30%           3.18%

30  Lady Lake      Lake            1.40%           1.28%

31  Leesburg       Lake            1.30%           1.18%


                                  64

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Mascotte       Lake            3.90%           3.78%

  2  Minneola       Lake            3.20%           3.08%

  3  Montverde      Lake            1.80%           1.68%

  4  Mount Dora     Lake            1.50%           1.18%

  5  Tavares        Lake            5.20%           5.08%

  6  Umatilla       Lake            3.10%           2.98%

  7  LEE            Lee             2.00%           1.88%

  8  Bonita

  9  Springs        Lee             1.70%           1.58%

10  Cape Coral     Lee             1.50%           1.38%

11  Ft. Myers      Lee             4.70%           4.58%

12  Ft. Myers

13  Beach          Lee             2.20%           2.08%

14  Sanibel        Lee             2.30%           2.18%

15  LEON           Leon            1.00%           1.00%

16  Tallahassee    Leon            4.40%           4.28%

17  LEVY           Levy            0.00%           0.00%

18  Bronson        Levy            2.50%           2.38%

19  Cedar Key      Levy            2.10%           1.98%

20  Chiefland      Levy            2.70%           2.58%

21  Inglis         Levy            3.50%           3.38%

22  Otter Creek    Levy            0.70%           0.58%

23  Williston      Levy            1.60%           1.48%

24  Yankeetown     Levy            5.60%           5.48%

25  LIBERTY        Liberty         0.60%           0.60%

26  Bristol        Liberty         2.90%           2.78%

27  MADISON        Madison         0.40%           0.40%

28  Greenville     Madison         2.10%           1.98%

29  Lee            Madison         0.50%           0.38%

30  Madison        Madison         4.90%           4.48%

31  MANATEE        Manatee         0.70%           0.70%


                                  65

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Anna Maria     Manatee         1.40%           1.28%

  2  Bradenton      Manatee         5.60%           5.48%

  3  Bradenton

  4  Beach          Manatee         5.60%           5.48%

  5  Holmes Beach   Manatee         3.50%           3.38%

  6  Palmetto       Manatee         5.30%           5.18%

  7  Longboat Key   Manatee &

  8                 Sarasota        3.20%           3.08%

  9  MARION         Marion          0.00%           0.00%

10  Bellview       Marion          0.90%           0.78%

11  Dunnellon      Marion          4.50%           4.38%

12  McIntosh       Marion          1.30%           1.18%

13  Ocala          Marion          4.80%           4.68%

14  Reddick        Marion          1.30%           1.18%

15  MARTIN         Martin          1.30%           1.30%

16  Jupiter

17  Island         Martin          0.60%           0.48%

18  Ocean Breeze

19  Park           Martin          2.20%           2.08%

20  Sewalls Point  Martin          2.30%           2.18%

21  Stuart         Martin          4.80%           4.68%

22  MIAMI-DADE     Miami-Dade      4.70%           4.48%

23  Aventura       Miami-Dade      5.20%           5.08%

24  Bal Harbour    Miami-Dade      4.90%           4.78

25  Bay Harbor

26  Islands        Miami-Dade      4.80%           4.68%

27  Biscayne Park  Miami-Dade      4.40%           4.28%

28  Coral Gables   Miami-Dade      4.10%           3.98%

29  El Portal      Miami-Dade      5.60%           5.48%

30  Florida City   Miami-Dade      5.30%           5.18%

31  Golden Beach   Miami-Dade      2.00%           1.88%


                                  66

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Hialeah        Miami-Dade      5.00%           4.88%

  2  Hialeah

  3  Gardens        Miami-Dade      5.10%           4.98%

  4  Homestead      Miami-Dade      5.30%           5.18%

  5  Indian Creek

  6  Village        Miami-Dade      0.70%           0.58%

  7  Islandia       Miami-Dade      0.00%           0.00%

  8  Key Biscayne   Miami-Dade      4.60%           4.48%

  9  Medley         Miami-Dade      6.10%           5.98%

10  Miami          Miami-Dade      4.70%           4.58%

11  Miami Beach    Miami-Dade      4.70%           4.58%

12  Miami Shores   Miami-Dade      5.60%           5.48%

13  Miami Springs  Miami-Dade      3.00%           2.88%

14  North Bay      Miami-Dade      4.90%           4.78%

15  North Miami    Miami-Dade      4.80%           4.68%

16  North Miami

17  Beach          Miami-Dade      5.00%           4.88%

18  Opa-Locka      Miami-Dade      3.70%           3.58%

19  Pinecrest      Miami-Dade      5.40%           5.28%

20  South Miami    Miami-Dade      4.80%           4.68%

21  Sunny Isles

22  Beach          Miami-Dade      5.00%           4.88%

23  Surfside       Miami-Dade      4.80%           4.68%

24  Sweetwater     Miami-Dade      4.60%           4.48%

25  Virginia

26  Gardens        Miami-Dade      0.40%           0.28%

27  West Miami     Miami-Dade      4.40%           4.28%

28  MONROE         Monroe          1.40%           1.40%

29  Islamorada     Monroe          0.40%           0.00%

30  Key Colony

31  Beach          Monroe          2.40%           2.28%


                                  67

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Key West       Monroe          1.50%           1.38%

  2  Layton         Monroe          0.00%           0.00%

  3  Marathon       Monroe          1.90%           1.58%

  4  NASSAU         Nassau          0.70%           0.70%

  5  Callahan       Nassau          4.50%           4.38%

  6  Fernandina

  7  Beach          Nassau          5.00%           4.88%

  8  Hilliard       Nassau          3.20%           3.08%

  9  OKALOOSA       Okaloosa        0.60%           0.60%

10  Cinco Bayou    Okaloosa        5.00%           4.88%

11  Crestview      Okaloosa        3.50%           3.38%

12  Destin         Okaloosa        1.90%           1.78%

13  Ft. Walton

14  Beach          Okaloosa        5.50%           5.38%

15  Laurel Hill    Okaloosa        2.80%           2.68%

16  Mary Esther    Okaloosa        4.90%           4.78%

17  Niceville      Okaloosa        5.50%           5.38%

18  Shalimar       Okaloosa        5.00%           4.88%

19  Valparaiso     Okaloosa        3.80%           3.68%

20  OKEECHOBEE     Okeechobee      0.80%           0.80%

21  Okeechobee     Okeechobee      4.50%           4.38%

22  ORANGE         Orange          4.80%           4.58%

23  Apopka         Orange          6.00%           5.88%

24  Bay Lake       Orange          0.00%           0.00%

25  Belle Isle     Orange          1.60%           1.48%

26  Eatonville     Orange          4.30%           4.18%

27  Edgewood       Orange          1.00%           0.88%

28  Lake Buena

29  Vista          Orange          0.00%           0.00%

30  Maitland       Orange          5.10%           4.98%

31  Oakland        Orange          5.00%           4.78%


                                  68

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Ocoee          Orange          4.60%           4.28%

  2  Orlando        Orange          4.10%           3.88%

  3  Windermere     Orange          4.30%           4.18%

  4  Winter Garden  Orange          4.30%           4.18%

  5  Winter Park    Orange          5.60%           5.48%

  6  OSCEOLA        Osceola         5.00%           4.88%

  7  Kissimmee      Osceola         4.50%           4.38%

  8  St. Cloud      Osceola         5.10%           4.98%

  9  PALM BEACH     Palm Beach      4.60%           4.48%

10  Atlantis       Palm Beach      1.10%           0.98%

11  Belle Glade    Palm Beach      5.00%           4.88%

12  Boca Raton     Palm Beach      5.30%           5.08%

13  Boynton Beach  Palm Beach      4.80%           4.68%

14  Briny Breezes  Palm Beach      3.00%           0.28%

15  Cloud Lake     Palm Beach      2.20%           2.08%

16  Delray Beach   Palm Beach      4.40%           4.28%

17  Glen Ridge     Palm Beach      1.50%           1.38%

18  Golf Village   Palm Beach      0.60%           0.48%

19  Golfview       Palm Beach      0.60%           0.48%

20  Greenacres

21  City           Palm Beach      5.30%           5.18%

22  Gulf Stream    Palm Beach      1.00%           0.88%

23  Haverhill      Palm Beach      1.40%           1.18%

24  Highland

25  Beach          Palm Beach      4.00%           3.88%

26  Hypoluxo       Palm Beach      5.80%           5.68%

27  Juno Beach     Palm Beach      4.70%           4.58%

28  Jupiter        Palm Beach      4.00%           3.88%

29  Jupiter Inlet

30  Colony         Palm Beach      1.90%           1.78%

31  Lake Clarke


                                  69

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Shores         Palm Beach      1.50%           1.38%

  2  Lake Park      Palm Beach      5.20%           5.08%

  3  Lake Worth     Palm Beach      4.80%           4.68%

  4  Lantana        Palm Beach      5.30%           5.18%

  5  Manalapan      Palm Beach      1.60%           1.48%

  6  Mangonia Park  Palm Beach      5.50%           5.38%

  7  North Palm

  8  Beach          Palm Beach      5.10%           4.88%

  9  Ocean Ridge    Palm Beach      1.00%           0.88%

10  Pahokee        Palm Beach      4.20%           4.08%

11  Palm Beach     Palm Beach      4.50%           4.38%

12  Palm Beach

13  Gardens        Palm Beach      1.10%           0.98%

14  Palm Beach

15  Shores         Palm Beach      5.40%           5.28%

16  Palm Springs   Palm Beach      5.20%           5.08%

17  Riviera Beach  Palm Beach      4.50%           4.38%

18  Royal Palm

19  Beach          Palm Beach      4.90%           4.78%

20  South Bay      Palm Beach      5.10%           4.98%

21  South Palm

22  Beach          Palm Beach      5.60%           5.48%

23  Tequesta

24  Village        Palm Beach      4.10%           3.98%

25  Wellington     Palm Beach      5.10%           4.98%

26  West Palm

27  Beach          Palm Beach      5.30%           5.18%

28  PASCO          Pasco           1.50%           1.50%

29  Dade City      Pasco           4.90%           4.78%

30  New Port

31  Richey         Pasco           5.50%           5.38%


                                  70

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Port Richey    Pasco           0.90%           0.78%

  2  Saint Leo      Pasco           1.00%           0.88%

  3  San Antonio    Pasco           0.80%           0.68%

  4  Zephyrhills    Pasco           5.40%           5.28%

  5  PINELLAS       Pinellas        1.80%           1.68%

  6  Belleair       Pinellas        1.60%           1.48%

  7  Belleair

  8  Beach          Pinellas        6.00%           5.88%

  9  Belleair

10  Bluffs         Pinellas        2.00%           1.88%

11  Belleair

12  Shore          Pinellas        2.40%           2.28%

13  Clearwater     Pinellas        5.00%           4.88%

14  Dunedin        Pinellas        5.20%           5.08%

15  Gulfport       Pinellas        6.00%           5.88%

16  Indian Rocks

17  Beach          Pinellas        2.30%           2.18%

18  Indian Shores  Pinellas        2.60%           2.48%

19  Kenneth City   Pinellas        1.30%           1.18%

20  Largo          Pinellas        5.50%           5.38%

21  Madeira Beach  Pinellas        5.60%           5.48%

22  North

23  Redington

24  Beach          Pinellas        1.70%           1.58%

25  Oldsmar        Pinellas        5.70%           5.58%

26  Pinellas Park  Pinellas        5.40%           5.28%

27  Redington

28  Beach          Pinellas        5.40%           5.28%

29  Redington

30  Shores         Pinellas        1.10%           0.98%

31  Safety Harbor  Pinellas        6.40%           5.88%


                                  71

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  St. Pete

  2  Beach          Pinellas        5.70%           5.58%

  3  St.

  4  Petersburg     Pinellas        5.50%           5.38%

  5  Seminole       Pinellas        5.10%           4.98%

  6  South

  7  Pasadena       Pinellas        5.60%           5.48%

  8  Tarpon

  9  Springs        Pinellas        5.60%           5.48%

10  Treasure

11  Island         Pinellas        2.20%           2.08%

12  POLK           Polk            2.70%           2.58%

13  Auburndale     Polk            4.30%           4.18%

14  Bartow         Polk            6.00%           5.28%

15  Davenport      Polk            3.40%           3.28%

16  Dundee         Polk            5.60%           5.48%

17  Eagle Lake     Polk            5.30%           5.18%

18  Ft. Meade      Polk            5.20%           4.58%

19  Frostproof     Polk            5.20%           5.08%

20  Haines City    Polk            5.10%           4.98%

21  Highland Park  Polk            0.00%           0.00%

22  Hillcrest

23  Heights        Polk            1.10%           0.98%

24  Lake Alfred    Polk            4.50%           4.38%

25  Lake Hamilton  Polk            3.60%           3.48%

26  Lake Wales     Polk            4.40%           4.28%

27  Lakeland       Polk            5.20%           5.08%

28  Mulberry       Polk            3.10%           2.98%

29  Polk City      Polk            2.80%           2.68%

30  Winter Haven   Polk            6.20%           6.08%

31  PUTNAM         Putnam          1.20%           1.20%


                                  72

CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2001 Legislature    CS for CS for SB 1878, 2nd Engrossed (ntc)



  1  Crescent City  Putnam          4.30%           4.18%

  2  Interlachen    Putnam          1.60%           1.48%

  3  Palatka        Putnam          5.00%           4.88%

  4  Pomona Park    Putnam          2.90%           2.78%

  5  Welaka         Putnam          2.50%           2.38%

  6  SANTA ROSA     Santa Rosa      1.50%           1.50%

  7  Gulf Breeze    Santa Rosa      1.10%           0.98%

  8  Jay            Santa Rosa      1.30%           1.18%

  9  Milton         Santa Rosa      5.70%           5.58%

10  SARASOTA       Sarasota        4.70%           4.58%

11  North Port     Sarasota        5.60%           5.48%

12  Sarasota       Sarasota        5.20%           5.08%

13  Venice         Sarasota        5.00%           4.88%

14  SEMINOLE       Seminole        2.90%           2.68%

15  Altamonte

16  Springs        Seminole        4.80%           4.68%

17  Casselberry    Seminole        5.30%           5.18%

18  Lake Mary      Seminole        4.10%           3.98%

19  Longwood       Seminole        5.40%           5.28%

20  Oviedo         Seminole        4.30%           4.18%

21  Sanford        Seminole        4.70%           4.58%

22  Winter

23  Springs        Seminole        5.80%           5.68%

24  ST. JOHNS      St. Johns       1.20%           1.20%

25  Hastings       St. Johns       1.50%           1.38%

26  St. Augustine  St. Johns       4.50%           4.38%

27  St. Augustine

28  Beach          St. Johns       4.50%           4.38%

29  ST. LUCIE      St. Lucie       1.20%           1.20%

30  Ft. Pierce     St. Lucie       4.50%           4.38%

31  Port St.


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  1  Lucie          St. Lucie       1.50%           1.38%

  2  St. Lucie

  3  Village        St. Lucie       1.60%           1.48%

  4  SUMTER         Sumter          0.70%           0.70%

  5  Bushnell       Sumter          5.00%           4.88%

  6  Center Hill    Sumter          4.30%           4.18%

  7  Coleman        Sumter          3.90%           3.78%

  8  Webster        Sumter          3.10%           2.98%

  9  Wildwood       Sumter          3.60%           3.48%

10  SUWANNEE       Suwannee        0.40%           0.40%

11  Branford       Suwannee        4.60%           4.48%

12  Live Oak       Suwannee        5.60%           5.48%

13  TAYLOR         Taylor          1.10%           1.10%

14  Perry          Taylor          5.50%           5.38%

15  UNION          Union           0.40%           0.40%

16  Lake Butler    Union           2.30%           2.18%

17  Raiford        Union           0.00%           0.00%

18  Worthington

19  Springs        Union           0.00%           0.00%

20  VOLUSIA        Volusia         3.90%           3.78%

21  Daytona Beach  Volusia         4.60%           4.48%

22  Daytona Beach

23  Shores         Volusia         5.10%           4.98%

24  DeBary         Volusia         4.40%           4.28%

25  DeLand         Volusia         4.20%           4.08%

26  Deltona        Volusia         6.10%           5.98%

27  Edgewater      Volusia         4.80%           4.68%

28  Holly Hill     Volusia         4.20%           4.08%

29  Lake Helen     Volusia         2.00%           1.88%

30  New Smyrna

31  Beach          Volusia         4.00%           3.88%


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  1  Oak Hill       Volusia         3.50%           3.38%

  2  Orange City    Volusia         4.50%           4.38%

  3  Ormond Beach   Volusia         4.90%           4.78%

  4  Pierson        Volusia         1.10%           0.98%

  5  Ponce Inlet    Volusia         5.30%           5.18%

  6  Port Orange    Volusia         4.70%           4.58%

  7  South Daytona  Volusia         5.60%           5.48%

  8  WAKULLA        Wakulla         0.80%           0.80%

  9  St. Marks      Wakulla         0.00%           0.00%

10  Sopchoppy      Wakulla         1.20%           1.08%

11  WALTON         Walton          0.70%           0.70%

12  DeFuniak

13  Springs        Walton          4.70%           4.58%

14  Freeport       Walton          1.30%           1.18%

15  Paxton         Walton          2.60%           2.48%

16  WASHINGTON     Washington      0.20%           0.20%

17  Caryville      Washington      1.00%           0.88%

18  Chipley        Washington      5.30%           5.18%

19  Ebro           Washington      0.60%           0.48%

20  Vernon         Washington      5.40%           5.28%

21  Wausau         Washington      1.70%           1.58%

22

23  The conversion rate displayed in the rows with the name of the

24  county in capitalized letters assigns the conversion rate for

25  the unincorporated area.

26         (c)  Notwithstanding the rates provided by paragraph

27  (b), the following local communications services tax

28  conversion rates shall take effect upon the expiration of

29  existing franchise agreements which provide for fees in excess

30  of those authorized by s. 337.401. The conversion rates for

31  local governments that have not chosen to levy permit fees do


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  1  not include the add-ons of up to 0.12 percent for

  2  municipalities and charter counties or of up to 0.24 percent

  3  for noncharter counties authorized pursuant to s. 337.401.

  4

  5  Jurisdiction County   Conversion     Conversion     Effective

  6                        rates for      rates for      date of

  7                        local          local          new rates

  8                        governments    governments

  9                        that have NOT  that have

10                        chosen to      chosen to

11                        levy permit    levy permit

12                        fees           fees

13

14  Indiatlantic Brevard     5.80%         5.68%        January 1,

15                                                      2014

16  Titusville   Brevard     5.00%         4.88%        January 1,

17                                                      2014

18  Punta Gorda  Charlotte   4.90%         4.78%        January 1,

19                                                      2009

20  Miami        Miami-Dade  4.30%         4.18%        August 1,

21                                                      2006

22  Valparaiso   Okaloosa    3.20%         3.08%        August 1,

23                                                      2003

24  Dade City    Pasco       4.50%         4.38%        January

25                                                      1,2011

26  Palatka      Putnam      4.70%         4.58%        September

27                                                      1, 2003

28

29         (a)  On or before December 31, 2000, the Revenue

30  Estimating Conference shall compute for each municipality and

31  county the rate of local communications services tax which


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  1  would be required to be levied under s. 202.19(1) in order for

  2  such local taxing jurisdiction to raise in calendar year 1999,

  3  through the imposition of a local communications services tax,

  4  revenues equal to the sum of:

  5         1.  The amount of revenues estimated to have been

  6  received in calendar year 1999 based on the revenues that were

  7  actually received from the replaced revenue sources in the

  8  fiscal year ending September 30, 1999, adjusted to reflect the

  9  growth reasonably estimated to have occurred in the final

10  quarter of calendar year 1999; and

11         2.  An amount representing the revenues the

12  jurisdiction would have received from the replaced revenue

13  sources during the month immediately preceding the month in

14  which local taxing jurisdictions receive their first

15  distributions of revenues under this chapter.

16

17  In computing the amounts in subparagraphs 1. and 2., the

18  Revenue Estimating Conference shall consider, to the maximum

19  extent practicable, changes in local replaced revenues, other

20  than changes due to normal growth, and shall adjust the

21  amounts in subparagraphs 1. and 2. accordingly.

22         (b)  The rates computed by the Revenue Estimating

23  Conference shall be presented to the Legislature for review

24  and approval during the 2001 Regular Session. The rates

25  approved by the Legislature under this subsection shall be

26  effective in the respective local taxing jurisdictions on

27  October 1, 2001, without any action being taken by the

28  governing authority or voters of such local taxing

29  jurisdictions. The rate computed and approved pursuant to this

30  subsection shall be reduced on October 1, 2002, by that

31


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  1  portion of the rate which was necessary to recoup the 1 month

  2  of foregone revenues addressed in subparagraph (a)2.

  3         (2)(a)1.(c)  With respect to any local taxing

  4  jurisdiction, if, for the periods ending December 31, 2001;

  5  March 31, 2002; June 30, 2002; or September 30, 2002, the

  6  revenues received by that local government from the local

  7  communications services tax imposed under subsection (1) s.

  8  202.19(1) are less than the revenues received from the

  9  replaced revenue sources for the corresponding 2000-2001

10  period; plus reasonably anticipated growth in such revenues

11  over the preceding 1-year period, based on the average growth

12  of such revenues over the immediately preceding 5-year period;

13  plus an amount representing the revenues from the replaced

14  revenue sources for the 1-month period that the local taxing

15  jurisdiction was required to forego, the governing authority

16  may adjust the rate of the local communications services tax

17  upward to the extent necessary to generate the entire

18  shortfall in revenues within 1 year after the rate adjustment

19  and by an amount necessary to generate the expected amount of

20  revenue on an ongoing basis.

21         2.  If complete data are not available at the time of

22  determining whether the revenues received by a local

23  government from the local communications services tax imposed

24  under subsection (1) are less than the revenues received from

25  the replaced revenue sources for the corresponding 2000-2001

26  period, as set forth in subparagraph 1., the local government

27  shall use the best data available for the corresponding

28  2000-2001 period in making such determination.

29         3.  The adjustment permitted under subparagraph 1. may

30  be made by emergency ordinance or resolution and may be made

31  notwithstanding the maximum rate established under s.


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  1  202.19(2) subsection (2) and notwithstanding any schedules or

  2  timeframes or any other limitations contained in this chapter.

  3  The emergency ordinance or resolution shall specify an

  4  effective date for the adjusted rate, which shall be no less

  5  than 60 90 days after the date of adoption of the ordinance or

  6  resolution and shall be effective with respect to taxable

  7  services included on bills that are dated on the first day of

  8  a month subsequent to the expiration of the 60-day period. At

  9  the end of 1 that year following the effective date of such

10  adjusted rate, the local governing authority shall, as soon as

11  is consistent with s. 202.21, reduce the rate by that portion

12  of the emergency rate which was necessary to recoup the amount

13  of revenues not received prior to the implementation of the

14  emergency rate.

15         4.  If, for the period October 1, 2001, through

16  September 30, 2002, the revenues received by a local

17  government from the local communications services tax

18  conversion rate established under subsection (1), adjusted

19  upward for the difference in rates between paragraphs (1)(a)

20  and (b) or any other rate adjustments or base changes, are

21  above the threshold of 10 percent more than the revenues

22  received from the replaced revenue sources for the

23  corresponding 2000-2001 period plus reasonably anticipated

24  growth in such revenues over the preceding 1-year period,

25  based on the average growth of such revenues over the

26  immediately preceding 5-year period, the governing authority

27  must adjust the rate of the local communications services tax

28  to the extent necessary to reduce revenues to the threshold by

29  emergency ordinance or resolution within the timeframes

30  established in subparagraph 3.  The foregoing rate adjustment

31  requirement shall not apply to a local government that adopts


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  1  a local communications services tax rate by resolution or

  2  ordinance.  If complete data are not available at the time of

  3  determining whether the revenues exceed the threshold, the

  4  local government shall use the best data available for the

  5  corresponding 2000-2001 period in making such determination.

  6  This subparagraph shall not be construed as establishing a

  7  right of action for any person to enforce this subparagraph or

  8  challenge a local government's implementation of this

  9  subparagraph.

10         (2)(a)  On or before December 31, 2000, the Revenue

11  Estimating Conference shall compute, in accordance with this

12  paragraph, the maximum rates at which local taxing

13  jurisdictions shall be permitted to impose local

14  communications services taxes under s. 202.19(1).

15         1.  A single maximum rate shall apply to all

16  municipalities and charter counties, and another single

17  maximum rate shall apply to all other counties.

18         2.  Each respective maximum rate, when applied to the

19  services taxed pursuant to this chapter, shall be calculated

20  to produce the revenues which could have been generated from

21  the replaced revenue sources, assuming that all local taxing

22  jurisdictions had imposed every replaced revenue source in the

23  manner and at the rate that would have produced the greatest

24  amount of revenues.

25         (b)  The rates computed by the Revenue Estimating

26  Conference shall be presented to the Legislature for review

27  and approval during the 2001 Regular Session. The rates

28  approved by the Legislature pursuant to this subsection shall

29  be the maximum rates for purposes of s. 202.19(1).

30         (3)(a)  Each person who provides communications

31  services shall include as part of the August 2000 return due


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  1  pursuant to chapter 212 on or before September 20, 2000, the

  2  information set forth in this paragraph, in a format

  3  prescribed by the department. Returns shall contain data for

  4  calendar year 1999 that may include, but are not limited to,

  5  remittances of replaced revenue sources for each local taxing

  6  jurisdiction and an estimate of the revenue from

  7  communications services that will be taxable pursuant to this

  8  chapter for each local taxing jurisdiction. Such data may also

  9  include, on an aggregated statewide basis, each person's

10  statewide sales taxable under chapter 203, taxable sales under

11  s. 212.05(1)(e), and estimates for sales exempt under s.

12  212.08(7)(j) and exempt sales to governmental and other exempt

13  entities under chapter 212.

14         (b)  All information furnished to the department under

15  this subsection shall be available to all local taxing

16  jurisdictions. Such taxpayer information shall remain subject

17  to s. 213.053. Such data may not be disclosed or used by local

18  taxing jurisdictions for any purpose other than to review the

19  validity of data and the calculations made pursuant to this

20  subsection.

21         (c)  For each replaced revenue source, each county and

22  each municipality shall provide the following data to the

23  Department of Revenue on or before September 30, 2000:

24         1.  The rate of the levy for calendar year 1999.

25         2.  The amount of revenues received during fiscal year

26  1998-1999 and, if known, the 1999 calendar year.

27         3.  A description of the revenue base or taxable

28  services.

29         4.  The name and federal employer identification number

30  of each taxpayer.

31


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  1         5.  For the purpose of assisting the Revenue Estimating

  2  Conference in the computations required by this section, any

  3  other relevant information, including, but not limited to,

  4  changes in the rate of replaced revenues or imposition of

  5  additional replaced revenues subsequent to September 30, 1999.

  6         (d)  The department shall provide technical assistance

  7  to the Revenue Estimating Conference and compile and analyze

  8  the information submitted pursuant to this subsection in the

  9  manner requested by the Revenue Estimating Conference.

10         (b)(4)  Except as otherwise provided in this

11  subsection, "replaced revenue sources," as used in this

12  section, means the following taxes, charges, fees, or other

13  impositions to the extent that the respective local taxing

14  jurisdictions were authorized to impose them prior to July 1,

15  2000.

16         1.(a)  With respect to municipalities and charter

17  counties and the taxes authorized by s. 202.19(1):

18         a.1.  The public service tax on telecommunications

19  authorized by s. 166.231(9).

20         b.2.  Franchise fees on cable service providers as

21  authorized by 47 U.S.C. s. 542.

22         c.3.  The public service tax on prepaid calling

23  arrangements.

24         d.4.  Franchise fees on dealers of communications

25  services which use the public roads or rights-of-way, up to

26  the limit set forth in s. 337.401. For purposes of calculating

27  rates under this section, it is the legislative intent that

28  charter counties be treated as having had the same authority

29  as municipalities to impose franchise fees on recurring local

30  telecommunication service revenues prior to July 1, 2000.

31  However, the Legislature recognizes that the authority of


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  1  charter counties to impose such fees is in dispute, and the

  2  treatment provided in this section is not an expression of

  3  legislative intent that charter counties actually do or do not

  4  possess such authority.

  5         e.5.  Actual permit fees relating to placing or

  6  maintaining facilities in or on public roads or rights-of-way,

  7  collected from providers of long-distance, cable, and mobile

  8  communications services for the fiscal year ending September

  9  30, 1999; however, if a municipality or charter county elects

10  the option to charge permit fees pursuant to s.

11  337.401(3)(c)1.a., such fees shall not be included as a

12  replaced revenue source.

13         2.(b)  With respect to all other counties and the taxes

14  authorized in s. 202.19(1), franchise fees on cable service

15  providers as authorized by 47 U.S.C. s. 542.

16         (3)(5)  For any county or school board that levies a

17  discretionary surtax under s. 212.055, the rate of such tax on

18  communications services as authorized by s. 202.19(5) shall be

19  as follows:

20

21  County       .5%             1%                 1.5%

22               Discretionary   Discretionary      Discretionary

23               surtax          surtax             surtax

24               conversion      conversion         conversion

25               rates           rates              rates

26

27  Alachua        0.3%           0.6%                0.8%

28  Baker          0.3%           0.5%                0.8%

29  Bay            0.3%           0.5%                0.8%

30  Bradford       0.3%           0.6%                0.8%

31  Brevard        0.3%           0.6%                0.9%


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  1  Broward        0.3%           0.5%                0.8%

  2  Calhoun        0.3%           0.5%                0.8%

  3  Charlotte      0.3%           0.6%                0.9%

  4  Citrus         0.3%           0.6%                0.9%

  5  Clay           0.3%           0.6%                0.8%

  6  Collier        0.4%           0.7%                1.0%

  7  Columbia       0.3%           0.6%                0.9%

  8  Dade           0.3%           0.5%                0.8%

  9  Desoto         0.3%           0.6%                0.8%

10  Dixie          0.3%           0.5%                0.8%

11  Duval          0.3%           0.6%                0.8%

12  Escambia       0.3%           0.6%                0.9%

13  Flagler        0.4%           0.7%                1.0%

14  Franklin       0.3%           0.6%                0.9%

15  Gadsden        0.3%           0.5%                0.8%

16  Gilchrist      0.3%           0.5%                0.7%

17  Glades         0.3%           0.6%                0.8%

18  Gulf           0.3%           0.5%                0.8%

19  Hamilton       0.3%           0.6%                0.8%

20  Hardee         0.3%           0.5%                0.8%

21  Hendry         0.3%           0.6%                0.9%

22  Hernando       0.3%           0.6%                0.9%

23  Highlands      0.3%           0.6%                0.9%

24  Hillsborough   0.3%           0.6%                0.8%

25  Holmes         0.3%           0.6%                0.8%

26  Indian River   0.3%           0.6%                0.9%

27  Jackson        0.3%           0.5%                0.7%

28  Jefferson      0.3%           0.5%                0.8%

29  Lafayette      0.3%           0.5%                0.7%

30  Lake           0.3%           0.6%                0.9%

31  Lee            0.3%           0.6%                0.9%


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  1  Leon           0.3%           0.6%                0.8%

  2  Levy           0.3%           0.5%                0.8%

  3  Liberty        0.3%           0.6%                0.8%

  4  Madison        0.3%           0.5%                0.8%

  5  Manatee        0.3%           0.6%                0.8%

  6  Marion         0.3%           0.5%                0.8%

  7  Martin         0.3%           0.6%                0.8%

  8  Monroe         0.3%           0.6%                0.9%

  9  Nassau         0.3%           0.6%                0.8%

10  Okaloosa       0.3%           0.6%                0.8%

11  Okeechobee     0.3%           0.6%                0.9%

12  Orange         0.3%           0.5%                0.8%

13  Osceola        0.3%           0.5%                0.8%

14  Palm Beach     0.3%           0.6%                0.8%

15  Pasco          0.3%           0.6%                0.9%

16  Pinellas       0.3%           0.6%                0.9%

17  Polk           0.3%           0.6%                0.8%

18  Putnam         0.3%           0.6%                0.8%

19  St. Johns      0.3%           0.6%                0.8%

20  St. Lucie      0.3%           0.6%                0.8%

21  Santa Rosa     0.3%           0.6%                0.9%

22  Sarasota       0.3%           0.6%                0.9%

23  Seminole       0.3%           0.6%                0.8%

24  Sumter         0.3%           0.5%                0.8%

25  Suwannee       0.3%           0.6%                0.8%

26  Taylor         0.3%           0.6%                0.9%

27  Union          0.3%           0.5%                0.8%

28  Volusia        0.3%           0.6%                0.8%

29  Wakulla        0.3%           0.6%                0.9%

30  Walton         0.3%           0.6%                0.9%

31  Washington     0.3%           0.5%                0.8%


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  1

  2  The discretionary surtax conversion rate with respect to

  3  communications services reflected on bills dated on or after

  4  October 1, 2001, shall take effect without any further action

  5  by a county or school board that has levied a surtax on or

  6  before October 1, 2001. For a county or school board that

  7  levies a surtax subsequent to October 1, 2001, the

  8  discretionary surtax conversion rate with respect to

  9  communications services shall take effect upon the effective

10  date of the surtax as provided in s. 212.054. The

11  discretionary sales surtax rate on communications services for

12  a county or school board levying a combined rate which is not

13  listed in the table provided by this subsection shall be

14  calculated by averaging or adding the appropriate rates from

15  the table and rounding up to the nearest tenth of a percent.

16  multiplied by a factor to determine the applicable rate of tax

17  under s. 202.19(5). The Revenue Estimating Conference shall

18  compute the factor on or before December 31, 2000. The factor

19  shall be calculated such that any rate applied under s.

20  202.19(5) will produce substantially the same tax revenues as

21  the corresponding rate levied on telecommunication services

22  under s. 212.055 during the year ending September 30, 1999.

23  The factor shall be calculated to three decimal places, and

24  the tax rates calculated by applying the factor for purposes

25  of s. 202.19(5) shall be rounded up to the nearest one-tenth

26  percent. The factor shall be presented to the Legislature for

27  review and approval during the 2001 Regular Session.

28         (6)  For purposes of calculating the appropriate value

29  of the replaced revenue under subparagraph (4)(a)2. and

30  paragraph (4)(b), and in conjunction with the study required

31  by this act, the Revenue Estimating Conference may include in


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  1  its computation any adjustment necessary to include the value

  2  of any in-kind requirements, institutional networks, and

  3  contributions for, or in support of, the use or construction

  4  of public, educational, or governmental access facilities

  5  allowed under federal law.

  6         (7)(a)  The provisions of this subsection shall apply

  7  only with respect to the initial tax rate of a local taxing

  8  jurisdiction which on October 1, 2001, is entitled to receive

  9  from any dealer of communications services fees in excess of

10  the applicable limitation set forth in s. 337.401, as such

11  section existed prior to the effective date of this section,

12  pursuant to an agreement with such dealer of communications

13  services in effect on such date.

14         (b)  Immediately upon the expiration of an agreement

15  described in paragraph (a), the rate determined under

16  subsection (1), as it applies to such local taxing

17  jurisdiction, shall automatically be reduced by the portion of

18  such rate representing the difference between the fees

19  actually received by the taxing jurisdiction pursuant to the

20  agreement described in paragraph (a) for the fiscal year

21  ending September 30, 1999, and the fees that such jurisdiction

22  would have received for such period under the applicable

23  limitation set forth in s. 337.401, as such section existed

24  prior to the effective date of this section.

25         Section 13.  (1)  Notwithstanding any provision of

26  chapter 202, Florida Statutes, to the contrary, any

27  municipality or county that has a local communications

28  services tax conversion rate established under section 202.20,

29  Florida Statutes, which is less than the maximum rate

30  established under section 202.19, Florida Statutes, may by

31  resolution or ordinance increase its rate up to the maximum


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  1  rate established under section 202.19, Florida Statutes, with

  2  such increased rate to be effective October 1, 2001. For

  3  purposes of this section, during the period beginning on

  4  October 1, 2001, and ending September 30, 2002, the maximum

  5  rate established under section 202.19, Florida Statutes, shall

  6  be deemed to be the sum of such maximum rate plus the

  7  difference between the conversion rates set forth in

  8  paragraphs (a) and (b) of section 202.20(1), Florida Statutes.

  9  The municipality or county shall notify the department of such

10  increased rate by certified mail postmarked on or before July

11  16, 2001.

12         (2)  This section shall take effect upon this act

13  becoming a law.

14         Section 14.  Section 202.21, Florida Statutes, is

15  amended to read:

16         202.21  Effective dates; procedures for informing

17  dealers of communications services of tax levies and rate

18  changes.--Any adoption, repeal, or change in the rate of a

19  local communications services tax imposed under s. 202.19 is

20  effective with respect to taxable services included on bills

21  that are dated on or after the January 1 subsequent to such

22  adoption, repeal, or change. A municipality or county

23  adopting, repealing, or changing the rate of such tax must

24  notify the department of the adoption, repeal, or change by

25  September 1 immediately preceding such January 1. Notification

26  must be furnished on a form prescribed by the department and

27  must specify the rate of tax; the effective date of the

28  adoption, repeal, or change thereof; and the name, mailing

29  address, and telephone number of a person designated by the

30  municipality or county to respond to inquiries concerning the

31  tax. The department shall provide notice of such adoption,


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  1  repeal, or change to all affected dealers of communications

  2  services at least 90 days before the effective date of the

  3  tax. Any local government that adjusts the rate of its local

  4  communications services tax by emergency ordinance or

  5  resolution pursuant to s. 202.20(2)(1)(c) shall notify the

  6  department of the new tax rate immediately upon its adoption.

  7  The department shall provide written notice of the adoption of

  8  the new rate to all affected dealers within 30 days after

  9  receiving such notice. In any notice to providers or

10  publication of local tax rates for purposes of this chapter,

11  the department shall express the rate for a municipality or

12  charter county as the sum of the tax rates levied within such

13  jurisdiction pursuant to s. 202.19(2)(a) and (5), and shall

14  express the rate for any other county as the sum of the tax

15  rates levied pursuant to s. 202.19(2)(b) and (5). The

16  department is not liable for any loss of or decrease in

17  revenue by reason of any error, omission, or untimely action

18  that results in the nonpayment of a tax imposed under s.

19  202.19.

20         Section 15.  Paragraph (c) of subsection (1), paragraph

21  (b) of subsection (2), and paragraphs (b) and (c) of

22  subsection (3) of section 202.22, Florida Statutes, are

23  amended, paragraph (g) is added to subsection (3), and

24  paragraph (b) of subsection (4) and paragraph (b) of

25  subsection (6) of that section are amended, to read:

26         202.22  Determination of local tax situs.--

27         (1)  A dealer of communications services who is

28  obligated to collect and remit a local communications services

29  tax imposed under s. 202.19 shall be held harmless from any

30  liability, including tax, interest, and penalties, which would

31  otherwise be due solely as a result of an assignment of a


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  1  service address to an incorrect local taxing jurisdiction, if

  2  the dealer of communications services exercises due diligence

  3  in applying one or more of the following methods for

  4  determining the local taxing jurisdiction in which a service

  5  address is located:

  6         (c)1.  Employing enhanced zip codes to assign each

  7  street address, address range, post office box, or post office

  8  box range in the dealer's service area to a specific local

  9  taxing jurisdiction.

10         2.  If an enhanced zip code overlaps boundaries of

11  municipalities or counties, or if an enhanced zip code cannot

12  be assigned to the service address because the service address

13  is in a rural area or a location without postal delivery, the

14  dealer of communications services or its database vendor shall

15  assign the affected service addresses to one specific local

16  taxing jurisdiction within such zip code based on a reasonable

17  methodology. A methodology satisfies this subparagraph

18  paragraph if the information used to assign service addresses

19  is obtained by the dealer or its database vendor from:

20         a.1.  A database provided by the department;

21         b.2.  A database certified by the department under

22  subsection (3);

23         c.3.  Responsible representatives of the relevant local

24  taxing jurisdictions; or

25         d.4.  The United States Census Bureau or the United

26  States Postal Service.

27         (2)

28         (b)1.  Each local taxing jurisdiction shall furnish to

29  the department all information needed to create and update the

30  electronic database, including changes in service addresses,

31  annexations, incorporations, reorganizations, and any other


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  1  changes in jurisdictional boundaries. The information

  2  furnished to the department must specify an effective date,

  3  which must be the next ensuing January 1 or July 1, and such

  4  information must be furnished to the department at least 120

  5  days prior to the effective date. However, the requirement

  6  that counties submit information pursuant to this paragraph

  7  shall be subject to appropriation.

  8         2.  The department shall update the electronic database

  9  in accordance with the information furnished by local taxing

10  jurisdictions under subparagraph 1. Each update must specify

11  the effective date as the next ensuing January 1 or July 1 and

12  must be posted by the department on a website not less than 90

13  days prior to the effective date. A substantially affected

14  person may provide notice to the database administrator of an

15  objection to information contained in the electronic database.

16  If an objection is supported by competent evidence, the

17  department shall forward the evidence to the affected local

18  taxing jurisdictions and update the electronic database in

19  accordance with the determination furnished by local taxing

20  jurisdictions to the department.  The department shall also

21  furnish the update on magnetic or electronic media to any

22  dealer of communications services or vendor who requests the

23  update on such media. However, the department may collect a

24  fee from the dealer of communications services which does not

25  exceed the actual cost of furnishing the update on magnetic or

26  electronic media. Information contained in the electronic

27  database is conclusive for purposes of this chapter. The

28  electronic database is not an order, a rule, or a policy of

29  general applicability.

30         3.  Each update must identify the additions, deletions,

31  and other changes to the preceding version of the database.


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  1  Each dealer of communications services shall be required to

  2  collect and remit local communications services taxes imposed

  3  under this chapter only for those service addresses that are

  4  contained in the database and for which all of the elements

  5  required by this subsection are included in the database.

  6         (3)  For purposes of this section, a database must be

  7  certified by the department pursuant to rules that implement

  8  the following criteria and procedures:

  9         (b)  Upon receipt of an application for certification

10  or recertification of a database, the provisions of s. 120.60

11  shall apply, except that the department shall examine the

12  application and, within 90 days after receipt, notify the

13  applicant of any apparent errors or omissions and request any

14  additional information, conduct any inspection, or perform any

15  testing determined necessary. The applicant shall designate an

16  individual responsible for providing access to all records,

17  facilities, and processes the department determines are

18  reasonably necessary to review, inspect, or test to and make a

19  determination regarding the application. Such access must be

20  provided within 10 working days after notification.

21         (c)  The application must be in the form prescribed by

22  rule and must include the applicant's name, federal employer

23  identification number, mailing address, business address, and

24  any other information required by the department. The

25  application may request that the applicant identify must

26  identify, among other elements required by the department, the

27  applicant's proposal for testing the database.

28         (g)  Notwithstanding any provision of law to the

29  contrary, if a dealer submits an application for certification

30  on or before the later of October 1, 2001, or the date which

31  is 30 days after the date on which the applicable department


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  1  rule becomes effective, and such application is neither

  2  approved nor denied within the time period set forth in

  3  paragraph (d):

  4         1.  For purposes of computing the amount of the

  5  deduction to which such dealer is entitled under s. 202.28,

  6  the dealer shall be deemed to have used a certified database

  7  pursuant to paragraph (1)(b), until such time as the

  8  application for certification is denied.

  9         2.  In the event that such application is approved,

10  such approval shall be deemed to have been effective on the

11  date of the application or October 1, 2001, whichever is

12  later.

13         (4)

14         (b)  Notwithstanding any law to the contrary, a dealer

15  of communications services is exercising due diligence in

16  applying one or more of the methods set forth in subsection

17  (1) if the dealer:

18         1.  Expends reasonable resources to accurately and

19  reliably implement such method. However, the employment of

20  enhanced zip codes pursuant to paragraph (1)(c) satisfies the

21  requirements of this subparagraph; and

22         2.  Maintains adequate internal controls in assigning

23  street addresses, address ranges, post offices boxes, and post

24  office box ranges to taxing jurisdictions. Internal controls

25  are adequate if the dealer of communications services:

26         a.  Maintains and follows procedures to obtain and

27  implement periodic and consistent updates to the database at

28  least once every 6 months; and

29         b.  Corrects errors in the assignments of service

30  addresses to local taxing jurisdictions within 120 days after

31  the dealer discovers such errors.


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  1         (6)

  2         (b)  Notwithstanding s. 202.28, if a dealer of

  3  communications services employs a method of assigning service

  4  addresses other than as set forth in paragraph (1)(a),

  5  paragraph (1)(b), or paragraph (1)(c), the deduction allowed

  6  to the dealer of communications services as compensation under

  7  s. 202.28 shall be 0.25 percent of that portion of the tax due

  8  and accounted for and remitted to the department which is

  9  attributable to such method of assigning service addresses

10  other than as set forth in paragraph (1)(a), paragraph (1)(b),

11  or paragraph (1)(c).

12         Section 16.  Subsection (8) is added to section 202.23,

13  Florida Statutes, to read:

14         202.23  Procedure on purchaser's request for refund or

15  credit of communications services taxes.--

16         (8)(a)  Subject to the provisions of s. 213.756, if it

17  appears, upon examination of a communications services tax

18  return made under this chapter, or upon proof submitted to the

19  department by the dealer, that an amount of communications

20  services tax has been paid in excess of the amount due, the

21  department may refund the amount of the overpayment to the

22  dealer. The department may refund the overpayment without

23  regard to whether the dealer has filed a written claim for

24  refund; however, the department may require the dealer to file

25  a statement affirming that the dealer made the overpayment.

26  Prior to issuing a refund pursuant to this subsection, the

27  department shall notify the dealer of its intent to issue such

28  refund, the amount of such refund, and the reason for such

29  refund.

30         (b)  Notwithstanding the provisions of paragraph (a), a

31  refund of communications services tax shall not be made, and


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  1  no action for a refund may be brought by a dealer or other

  2  person, after the applicable period set forth in s. 215.26(2)

  3  has elapsed.

  4         (c)  If, after the issuance of a refund by the

  5  department pursuant to this subsection, the department

  6  determines that the amount of such refund exceeds the amount

  7  legally due to the dealer, the provisions of s. 202.35

  8  concerning penalties and interest shall not apply if, within

  9  60 days of receiving notice of such determination, the dealer

10  reimburses the department the amount of such excess.

11         Section 17.  Section 202.231, Florida Statutes, is

12  created to read:

13         202.231  Provision of information to local taxing

14  jurisdictions.--

15         (1)  The department shall provide a monthly report to

16  each jurisdiction imposing the tax authorized by s. 202.19.

17  Each report shall contain the following information for the

18  jurisdiction which is receiving the report: the name and other

19  information necessary to identify each dealer providing

20  service in the jurisdiction, including each dealer's federal

21  employer identification number; the gross taxable sales

22  reported by each dealer; the amount of the dealer's collection

23  allowance; and any adjustments specified on the return,

24  including audit assessments or refunds, and interest or

25  penalties, affecting the net tax from each dealer which is

26  being remitted to the jurisdiction.  The report shall total

27  the net amount transferred to the jurisdiction, showing the

28  net taxes remitted by dealers less the administrative fees

29  deducted by the department.

30         (2)  Monthly reports shall be transmitted by the

31  department to each municipality and county through a secure


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  1  electronic mail system or by other suitable written or

  2  electronic means.

  3         Section 18.  Subsection (2) of section 202.24, Florida

  4  Statutes, is amended to read:

  5         202.24  Limitations on local taxes and fees imposed on

  6  dealers of communications services.--

  7         (2)(a)  Except as provided in paragraph (c), each

  8  public body is prohibited from:

  9         1.  Levying on or collecting from dealers or purchasers

10  of communications services any tax, charge, fee, or other

11  imposition on or with respect to the provision or purchase of

12  communications services.

13         2.  Requiring any dealer of communications services to

14  enter into or extend the term of a franchise or other

15  agreement that requires the payment of a tax, charge, fee, or

16  other imposition.

17         3.  Adopting or enforcing any provision of any

18  ordinance or agreement to the extent that such provision

19  obligates a dealer of communications services to charge,

20  collect, or pay to the public body a tax, charge, fee, or

21  other imposition.

22

23  Each municipality and county retains authority to negotiate

24  all terms and conditions of a cable service franchise allowed

25  by federal and state law except those terms and conditions

26  related to franchise fees and the definition of gross revenues

27  or other definitions or methodologies related to the payment

28  or assessment of franchise fees on providers of cable

29  services.

30         (b)  For purposes of this subsection, a tax, charge,

31  fee, or other imposition includes any amount or in-kind


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  1  payment of property or services which is required by ordinance

  2  or agreement to be paid or furnished to a public body by or

  3  through a dealer of communications services in its capacity as

  4  a dealer of communications services, regardless of whether

  5  such amount or in-kind payment of property or services is:

  6         1.  Designated as a sales tax, excise tax, subscriber

  7  charge, franchise fee, user fee, privilege fee, occupancy fee,

  8  rental fee, license fee, pole fee, tower fee, base-station

  9  fee, or other tax or fee;

10         2.  Measured by the amounts charged or received for

11  services, regardless of whether such amount is permitted or

12  required to be separately stated on the customer's bill, by

13  the type or amount of equipment or facilities deployed, or by

14  other means; or

15         3.  Intended as compensation for the use of public

16  roads or rights-of-way, for the right to conduct business, or

17  for other purposes.

18         (c)  This subsection does not apply to:

19         1.  Local communications services taxes levied under

20  this chapter.

21         2.  Ad valorem taxes levied pursuant to chapter 200.

22         3.  Occupational license taxes levied under chapter

23  205.

24         4.  "911" service charges levied under chapter 365.

25         5.  Amounts charged for the rental or other use of

26  property owned by a public body which is not in the public

27  rights-of-way to a dealer of communications services for any

28  purpose, including, but not limited to, the placement or

29  attachment of equipment used in the provision of

30  communications services.

31


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  1         6.  Permit fees of general applicability which are not

  2  related to placing or maintaining facilities in or on public

  3  roads or rights-of-way.

  4         7.  Permit fees related to placing or maintaining

  5  facilities in or on public roads or rights-of-way pursuant to

  6  s. 337.401.

  7         8.  Any in-kind requirements, institutional networks,

  8  or contributions for, or in support of, the use or

  9  construction of public, educational, or governmental access

10  facilities allowed under federal law and imposed on providers

11  of cable service pursuant to any ordinance or agreement.

12  Nothing in this subparagraph shall prohibit the ability of

13  providers of cable service to recover such expenses as allowed

14  under federal law.  This subparagraph shall be reviewed by the

15  Legislature during the 2001 legislative session in conjunction

16  with the study required by this act.

17         9.  Special assessments and impact fees.

18         10.  Pole attachment fees that are charged by a local

19  government for attachments to utility poles owned by the local

20  government.

21         11.  Utility service fees or other similar user fees

22  for utility services.

23         12.  Any other generally applicable tax, fee, charge,

24  or imposition authorized by general law on July 1, 2000, which

25  is not specifically prohibited by this subsection or included

26  as a replaced revenue source in s. 202.20.

27         Section 19.  Paragraph (i) of subsection (3) of section

28  202.26, Florida Statutes, is repealed.

29         Section 20.  Subsection (3) of section 202.27, Florida

30  Statutes, is amended to read:

31         202.27  Return filing; rules for self-accrual.--


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  1         (3)  The department shall accept returns, except those

  2  required to be initiated through an electronic data

  3  interchange, as timely if postmarked on or before the 20th day

  4  of the month; if the 20th day falls on a Saturday, Sunday, or

  5  federal or state legal holiday, returns are timely if

  6  postmarked on the next succeeding workday. Any dealer who

  7  makes sales of any nature in two or more locations for which

  8  returns are required to be filed with the department and who

  9  maintains records for such locations in a central office or

10  place may, on each reporting date, file one return for all

11  such places of business in lieu of separate returns for each

12  location; however, the return must clearly indicate the

13  amounts collected within each location. Each dealer shall file

14  a return for each tax period even though no tax is due for

15  such period.

16         Section 21.  Subsection (1) of section 202.28, Florida

17  Statutes, is amended to read:

18         202.28  Credit for collecting tax; penalties.--

19         (1)  Except as otherwise provided in s. 202.22, for the

20  purpose of compensating persons providing communications

21  services for the keeping of prescribed records, the filing of

22  timely tax returns, and the proper accounting and remitting of

23  taxes, persons collecting taxes imposed under this chapter and

24  under s. 203.01(1)(a)2. shall be allowed to deduct 0.75

25  percent of the amount of the tax due and accounted for and

26  remitted to the department.

27         (a)  The collection allowance may not be granted, nor

28  may any deduction be permitted, if the required tax return or

29  tax is delinquent at the time of payment.

30         (b)  The department may deny the collection allowance

31  if a taxpayer files an incomplete return.


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  1         1.  For the purposes of this chapter, a return is

  2  incomplete if it is lacking such uniformity, completeness, and

  3  arrangement that the physical handling, verification, review

  4  of the return, or determination of other taxes and fees

  5  reported on the return can not be readily accomplished.

  6         2.  The department shall adopt rules requiring the

  7  information that it considers necessary to ensure that the

  8  taxes levied or administered under this chapter are properly

  9  collected, reviewed, compiled, reported, and enforced,

10  including, but not limited to, rules requiring the reporting

11  of the amount of gross sales; the amount of taxable sales; the

12  amount of tax collected or due; the amount of lawful refunds,

13  deductions, or credits claimed; the amount claimed as the

14  dealer's collection allowance; the amount of penalty and

15  interest; and the amount due with the return.

16         (c)  The collection allowance and other credits or

17  deductions provided in this chapter shall be applied to the

18  taxes reported for the jurisdiction previously credited with

19  the tax paid.

20         Section 22.  Paragraph (a) of subsection (1) of section

21  202.37, Florida Statutes, is amended, and paragraph (c) is

22  added to that subsection, to read:

23         202.37  Special rules for administration of local

24  communications services tax.--

25         (1)(a)  Except as otherwise provided in this section,

26  all statutory provisions and administrative rules applicable

27  to the communications services tax imposed by s. 202.12 apply

28  to any local communications services tax imposed under s.

29  202.19, and the department shall administer, collect, and

30  enforce all taxes imposed under s. 202.19, including interest

31  and penalties attributable thereto, in accordance with the


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  1  same procedures used in the administration, collection, and

  2  enforcement of the communications services tax imposed by s.

  3  202.12.  Audits performed by the department shall include a

  4  determination of the dealer's compliance with the

  5  jurisdictional situsing of its customers' service addresses

  6  and a determination of whether the rate collected for the

  7  local tax pursuant to ss. 202.19 and 202.20 is correct. The

  8  person or entity designated by a local government pursuant to

  9  s. 213.053(7)(u) may provide evidence to the department

10  demonstrating a specific person's failure to fully or

11  correctly report taxable communications services sales within

12  the jurisdiction. The department may request additional

13  information from the designee to assist in any review. The

14  department shall inform the designee of what action, if any,

15  the department intends to take regarding the person.

16         (c)  Notwithstanding any other provision of law to the

17  contrary, if a dealer of communications services provides

18  communications services solely within a single county, that

19  county or any municipality located therein may perform an

20  audit of such dealer with respect to communications services

21  provided by such dealer within such county, including both the

22  state and local components of the communications services tax

23  imposed and any other tax administered pursuant to this

24  chapter.

25         1.  Prior to the exercise of such authority, and for

26  purposes of determining whether a dealer operates solely

27  within one county, a local government may presume such

28  localized operation if the dealer reports sales in a single

29  county. Upon notice by the local government to the department

30  of an intent to audit a dealer, the department shall notify

31  the local government within 60 days if the department has


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  1  issued a notice of intent to audit the dealer, or it shall

  2  notify the dealer of the local government's request to audit.

  3         2.  The dealer may, within 30 days, rebut the

  4  single-county-operation presumption by providing evidence to

  5  the department that it provides communication services in more

  6  than one county in the state or that it is part of an

  7  affiliated group members of which provide communications

  8  services in more than one county in the state. An affiliated

  9  group is defined as one or more chains of includable

10  corporations or partnerships connected through ownership with

11  a common parent corporation or other partnership which is an

12  includable corporation or partnership when the common parent

13  corporation or partnership has ownership in at least one other

14  includable corporation or partnership which generally

15  satisfies the requirements of Internal Revenue Code s. 267 or

16  Internal Revenue Code s. 707. If a dealer or a member of an

17  affiliated group provides communications services in more than

18  one county in the state, the department will notify the local

19  government that no audit may be performed.

20         3.  If, during the course of an audit conducted

21  pursuant to this paragraph, a local government determines that

22  a dealer provided communications services in more than one

23  county during the period under audit, the local government

24  shall terminate the audit and notify the department of its

25  findings.

26         4.  Local governments conducting audits shall be bound

27  by department rules and technical assistance advisements

28  issued during the course of an audit conducted pursuant to

29  this paragraph. Local governments conducting communications

30  services tax audits pursuant to this subparagraph, or

31  taxpayers being audited pursuant to this subparagraph, may


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  1  request and the department may issue technical assistance

  2  advisements pursuant to s. 213.22 regarding a pending audit

  3  issue. When the department is requested to issue a technical

  4  assistance advisement hereunder, it shall notify the affected

  5  local government or taxpayer of the request.

  6         5.  Any audit performed hereunder shall obligate the

  7  local government to extend situsing work performed during such

  8  audit to include all addresses within the county. Such audit

  9  results shall be performed on behalf of and computed for each

10  local government and unincorporated county area inside the

11  subject county, and they shall be bound thereby.

12         6.  The review, protest, and collection of amounts due

13  as the results of an audit performed hereunder shall be the

14  responsibility of the local jurisdiction and shall be governed

15  by s. 166.234 to the extent not inconsistent with this

16  chapter.

17         7.  No fee or any portion of a fee for audits conducted

18  on behalf of a municipality or county pursuant to this

19  paragraph shall be based upon the amount assessed or collected

20  as a result of the audit, and no determination based upon an

21  audit conducted in violation of this prohibition shall be

22  valid.

23         8.  All audits performed pursuant to this paragraph

24  shall be in accordance with standards promulgated by the

25  American Institute of Certified Public Accountants, the

26  Institute of Internal Auditors, or the Comptroller General of

27  the United States insofar as those standards are not

28  inconsistent with rules of the Department of Revenue.

29         9.  Results of audits performed pursuant to this

30  paragraph shall be valid for all jurisdictions within the

31  subject county.  The assessment, review, and collection of any


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  1  amounts ultimately determined to be due as the result of such

  2  an audit will be the responsibility of the auditing

  3  jurisdiction, and any such collections from the dealer shall

  4  be remitted to the Department of Revenue along with

  5  appropriate instructions for distribution of such amounts. No

  6  entity subject to audit hereunder can be audited by any local

  7  jurisdiction for compliance with this chapter more frequently

  8  than once every 3 years.

  9         10.  The department may adopt rules for the

10  notification and determination processes established in this

11  paragraph as well as for the information to be provided by a

12  local government conducting an audit.

13         Section 23.  Section 202.38, Florida Statutes, is

14  created to read:

15         202.38  Special rules for bad debts and adjustments

16  under previous taxes.--

17         (1)(a)1.  Any dealer who has paid the tax imposed by

18  chapter 212 on telecommunications services billed prior to

19  October 1, 2001, which are no longer subject to such tax as a

20  result of chapter 2000-260, Laws of Florida, may take a credit

21  or obtain a refund of the state communications services tax

22  imposed under this chapter on unpaid balances due on worthless

23  accounts within 12 months following the last day of the

24  calendar year for which the bad debt was charged off on the

25  taxpayer's federal income tax return.

26         2.  Any dealer who has paid a local public service tax

27  levied pursuant to chapter 166 on telecommunications services

28  billed prior to October 1, 2001, which are no longer subject

29  to such tax as a result of chapter 2000-260, Laws of Florida,

30  may take a credit or obtain a refund of the local

31  communications services tax imposed by such jurisdiction on


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  1  unpaid balances due on worthless accounts within 12 months

  2  following the last day of the calendar year for which the bad

  3  debt was charged off on the taxpayer's federal income tax

  4  return.

  5         (b)  If any account for which a credit or refund has

  6  been received under this section is then in whole or in part

  7  paid to the dealer, the amount paid must be included in the

  8  first communications services tax return filed after such

  9  receipt and the applicable state and local communications

10  services tax paid accordingly.

11         (c)  Bad debts associated with accounts receivable

12  which have been assigned or sold with recourse are eligible

13  upon reassignment for inclusion by the dealer in the credit or

14  refund authorized by this section.

15         (2)(a)  If any dealer would have been entitled to an

16  adjustment of the tax imposed by chapter 212 on

17  telecommunications services billed prior to October 1, 2001,

18  which are no longer subject to such tax as a result of chapter

19  2000-260, Laws of Florida, such dealer may take a credit or

20  obtain a refund of the state communications services tax

21  imposed under this chapter.

22         (b)  If any dealer would have been entitled to an

23  adjustment of a local public service tax levied pursuant to

24  chapter 166 on telecommunications services billed prior to

25  October 1, 2001, which are no longer subject to such tax as a

26  result of chapter 2000-260, Laws of Florida, such dealer may

27  take a credit or obtain a refund of the local communications

28  services tax imposed by such jurisdiction pursuant to this

29  chapter.

30         (3)  Credits and refunds of the tax imposed by chapter

31  203 attributable to bad debts or adjustments with respect to


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  1  telecommunications services billed prior to October 1, 2001,

  2  shall be governed by the applicable provisions of this

  3  chapter.

  4         (4)  Notwithstanding any provision of law to the

  5  contrary, the refunds and credits allowed by this section

  6  shall be subject to audit by the state and the respective

  7  local taxing jurisdictions in any audit of the taxes to which

  8  such refunds and credits relate.

  9         Section 24.  Section 202.381, Florida Statutes, is

10  created to read:

11         202.381  Transition from previous taxes.--The

12  department is directed to implement the tax changes contained

13  in this act, and in chapter 2000-260, Laws of Florida, in a

14  manner that ensures that any request or action under existing

15  statutes and rules, including, but not limited to, a claim for

16  a credit or refund of an overpayment of tax, audits in

17  progress, and protests of tax, penalty, or interest initiated

18  before October 1, 2001, shall apply, to the fullest extent

19  possible, to any tax that replaces an existing tax that is

20  repealed effective October 1, 2001. It is the intent of the

21  Legislature that a person not be subject to an adverse

22  administrative action solely due to the tax changes that take

23  effect October 1, 2001.

24         Section 25.  Paragraphs (a) and (b) of subsection (1)

25  of section 203.01, Florida Statutes, as amended by chapter

26  2000-260, Laws of Florida, are amended to read:

27         203.01  Tax on gross receipts for utility and

28  communications services.--

29         (1)(a)1.  Every person that receives payment for any

30  utility service shall report by the last day of each month to

31  the Department of Revenue, under oath of the secretary or some


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  1  other officer of such person, the total amount of gross

  2  receipts derived from business done within this state, or

  3  between points within this state, for the preceding month and,

  4  at the same time, shall pay into the State Treasury an amount

  5  equal to a percentage of such gross receipts at the rate set

  6  forth in paragraph (b).  Such collections shall be certified

  7  by the Comptroller upon the request of the State Board of

  8  Education.

  9         2.  A tax is levied on communications services as

10  defined in s. 202.11(3). Such tax shall be applied to the same

11  services and transactions as are subject to taxation under

12  chapter 202, and to communications services that are subject

13  to the exemption provided in s. 202.125(1). Such tax shall be

14  applied to the sales price of communications services when

15  sold at retail and to the actual cost of operating substitute

16  communications systems, as such terms are defined in s.

17  202.11, shall be due and payable at the same time as the taxes

18  imposed pursuant to chapter 202, and shall be administered and

19  collected pursuant to the provisions of chapter 202.

20         (b)  The rate applied to utility services shall be 2.5

21  percent. The rate applied to communications services shall be

22  2.37 percent the rate calculated pursuant to s. 44, chapter

23  2000-260, Laws of Florida.

24         Section 26.  Paragraph (a) of subsection (1) of section

25  212.031, Florida Statutes, is amended to read:

26         212.031  Lease or rental of or license in real

27  property.--

28         (1)(a)  It is declared to be the legislative intent

29  that every person is exercising a taxable privilege who

30  engages in the business of renting, leasing, letting, or

31


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  1  granting a license for the use of any real property unless

  2  such property is:

  3         1.  Assessed as agricultural property under s. 193.461.

  4         2.  Used exclusively as dwelling units.

  5         3.  Property subject to tax on parking, docking, or

  6  storage spaces under s. 212.03(6).

  7         4.  Recreational property or the common elements of a

  8  condominium when subject to a lease between the developer or

  9  owner thereof and the condominium association in its own right

10  or as agent for the owners of individual condominium units or

11  the owners of individual condominium units. However, only the

12  lease payments on such property shall be exempt from the tax

13  imposed by this chapter, and any other use made by the owner

14  or the condominium association shall be fully taxable under

15  this chapter.

16         5.  A public or private street or right-of-way and

17  poles, conduits, fixtures, and similar improvements located on

18  such streets or rights-of-way, occupied or used by a utility

19  or provider of communications services, as defined by s.

20  202.11, franchised cable television company for utility or

21  communications or television purposes. For purposes of this

22  subparagraph, the term "utility" means any person providing

23  utility services as defined in s. 203.012. This exception also

24  applies to property, wherever located, on which the following

25  are placed: towers, antennas, cables, accessory structures, or

26  equipment, not including switching equipment, used in the

27  provision of mobile communications services as defined in s.

28  202.11. For purposes of this chapter, towers used in the

29  provision of mobile communications services, as defined in s.

30  202.11, are considered to be fixtures.

31


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  1         6.  A public street or road which is used for

  2  transportation purposes.

  3         7.  Property used at an airport exclusively for the

  4  purpose of aircraft landing or aircraft taxiing or property

  5  used by an airline for the purpose of loading or unloading

  6  passengers or property onto or from aircraft or for fueling

  7  aircraft.

  8         8.a.  Property used at a port authority, as defined in

  9  s. 315.02(2), exclusively for the purpose of oceangoing

10  vessels or tugs docking, or such vessels mooring on property

11  used by a port authority for the purpose of loading or

12  unloading passengers or cargo onto or from such a vessel, or

13  property used at a port authority for fueling such vessels, or

14  to the extent that the amount paid for the use of any property

15  at the port is based on the charge for the amount of tonnage

16  actually imported or exported through the port by a tenant.

17         b.  The amount charged for the use of any property at

18  the port in excess of the amount charged for tonnage actually

19  imported or exported shall remain subject to tax except as

20  provided in sub-subparagraph a.

21         9.  Property used as an integral part of the

22  performance of qualified production services.  As used in this

23  subparagraph, the term "qualified production services" means

24  any activity or service performed directly in connection with

25  the production of a qualified motion picture, as defined in s.

26  212.06(1)(b), and includes:

27         a.  Photography, sound and recording, casting, location

28  managing and scouting, shooting, creation of special and

29  optical effects, animation, adaptation (language, media,

30  electronic, or otherwise), technological modifications,

31  computer graphics, set and stage support (such as


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  1  electricians, lighting designers and operators, greensmen,

  2  prop managers and assistants, and grips), wardrobe (design,

  3  preparation, and management), hair and makeup (design,

  4  production, and application), performing (such as acting,

  5  dancing, and playing), designing and executing stunts,

  6  coaching, consulting, writing, scoring, composing,

  7  choreographing, script supervising, directing, producing,

  8  transmitting dailies, dubbing, mixing, editing, cutting,

  9  looping, printing, processing, duplicating, storing, and

10  distributing;

11         b.  The design, planning, engineering, construction,

12  alteration, repair, and maintenance of real or personal

13  property including stages, sets, props, models, paintings, and

14  facilities principally required for the performance of those

15  services listed in sub-subparagraph a.; and

16         c.  Property management services directly related to

17  property used in connection with the services described in

18  sub-subparagraphs a. and b.

19

20  This exemption will inure to the taxpayer upon presentation of

21  the certificate of exemption issued to the taxpayer under the

22  provisions of s. 288.1258.

23         10.  Leased, subleased, licensed, or rented to a person

24  providing food and drink concessionaire services within the

25  premises of a convention hall, exhibition hall, auditorium,

26  stadium, theater, arena, civic center, performing arts center,

27  publicly owned recreational facility, or any business operated

28  under a permit issued pursuant to chapter 550.  A person

29  providing retail concessionaire services involving the sale of

30  food and drink or other tangible personal property within the

31  premises of an airport shall be subject to tax on the rental


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  1  of real property used for that purpose, but shall not be

  2  subject to the tax on any license to use the property.  For

  3  purposes of this subparagraph, the term "sale" shall not

  4  include the leasing of tangible personal property.

  5         11.  Property occupied pursuant to an instrument

  6  calling for payments which the department has declared, in a

  7  Technical Assistance Advisement issued on or before March 15,

  8  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  9  Florida Administrative Code; provided that this subparagraph

10  shall only apply to property occupied by the same person

11  before and after the execution of the subject instrument and

12  only to those payments made pursuant to such instrument,

13  exclusive of renewals and extensions thereof occurring after

14  March 15, 1993.

15         12.  Rented, leased, subleased, or licensed to a

16  concessionaire by a convention hall, exhibition hall,

17  auditorium, stadium, theater, arena, civic center, performing

18  arts center, or publicly owned recreational facility, during

19  an event at the facility, to be used by the concessionaire to

20  sell souvenirs, novelties, or other event-related products.

21  This subparagraph applies only to that portion of the rental,

22  lease, or license payment which is based on a percentage of

23  sales and not based on a fixed price.

24         13.  Property used or occupied predominantly for space

25  flight business purposes. As used in this subparagraph, "space

26  flight business" means the manufacturing, processing, or

27  assembly of a space facility, space propulsion system, space

28  vehicle, satellite, or station of any kind possessing the

29  capacity for space flight, as defined by s. 212.02(23), or

30  components thereof, and also means the following activities

31  supporting space flight: vehicle launch activities, flight


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  1  operations, ground control or ground support, and all

  2  administrative activities directly related thereto. Property

  3  shall be deemed to be used or occupied predominantly for space

  4  flight business purposes if more than 50 percent of the

  5  property, or improvements thereon, is used for one or more

  6  space flight business purposes. Possession by a landlord,

  7  lessor, or licensor of a signed written statement from the

  8  tenant, lessee, or licensee claiming the exemption shall

  9  relieve the landlord, lessor, or licensor from the

10  responsibility of collecting the tax, and the department shall

11  look solely to the tenant, lessee, or licensee for recovery of

12  such tax if it determines that the exemption was not

13  applicable.

14         Section 27.  Effective July 1, 2003, paragraph (a) of

15  subsection (1) of section 212.031, Florida Statutes, as

16  amended by chapter 2000-345, Laws of Florida, is amended to

17  read:

18         212.031  Lease or rental of or license in real

19  property.--

20         (1)(a)  It is declared to be the legislative intent

21  that every person is exercising a taxable privilege who

22  engages in the business of renting, leasing, letting, or

23  granting a license for the use of any real property unless

24  such property is:

25         1.  Assessed as agricultural property under s. 193.461.

26         2.  Used exclusively as dwelling units.

27         3.  Property subject to tax on parking, docking, or

28  storage spaces under s. 212.03(6).

29         4.  Recreational property or the common elements of a

30  condominium when subject to a lease between the developer or

31  owner thereof and the condominium association in its own right


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  1  or as agent for the owners of individual condominium units or

  2  the owners of individual condominium units. However, only the

  3  lease payments on such property shall be exempt from the tax

  4  imposed by this chapter, and any other use made by the owner

  5  or the condominium association shall be fully taxable under

  6  this chapter.

  7         5.  A public or private street or right-of-way and

  8  poles, conduits, fixtures, and similar improvements located on

  9  such streets or rights-of-way, occupied or used by a utility

10  or provider of communications services, as defined by s.

11  202.11, franchised cable television company for utility or

12  communications or television purposes. For purposes of this

13  subparagraph, the term "utility" means any person providing

14  utility services as defined in s. 203.012. This exception also

15  applies to property, wherever located, on which the following

16  are placed: towers, antennas, cables, accessory structures, or

17  equipment, not including switching equipment, used in the

18  provision of mobile communications services as defined in s.

19  202.11. For purposes of this chapter, towers used in the

20  provision of mobile communications services, as defined in s.

21  202.11, are considered to be fixtures.

22         6.  A public street or road which is used for

23  transportation purposes.

24         7.  Property used at an airport exclusively for the

25  purpose of aircraft landing or aircraft taxiing or property

26  used by an airline for the purpose of loading or unloading

27  passengers or property onto or from aircraft or for fueling

28  aircraft.

29         8.a.  Property used at a port authority, as defined in

30  s. 315.02(2), exclusively for the purpose of oceangoing

31  vessels or tugs docking, or such vessels mooring on property


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  1  used by a port authority for the purpose of loading or

  2  unloading passengers or cargo onto or from such a vessel, or

  3  property used at a port authority for fueling such vessels, or

  4  to the extent that the amount paid for the use of any property

  5  at the port is based on the charge for the amount of tonnage

  6  actually imported or exported through the port by a tenant.

  7         b.  The amount charged for the use of any property at

  8  the port in excess of the amount charged for tonnage actually

  9  imported or exported shall remain subject to tax except as

10  provided in sub-subparagraph a.

11         9.  Property used as an integral part of the

12  performance of qualified production services.  As used in this

13  subparagraph, the term "qualified production services" means

14  any activity or service performed directly in connection with

15  the production of a qualified motion picture, as defined in s.

16  212.06(1)(b), and includes:

17         a.  Photography, sound and recording, casting, location

18  managing and scouting, shooting, creation of special and

19  optical effects, animation, adaptation (language, media,

20  electronic, or otherwise), technological modifications,

21  computer graphics, set and stage support (such as

22  electricians, lighting designers and operators, greensmen,

23  prop managers and assistants, and grips), wardrobe (design,

24  preparation, and management), hair and makeup (design,

25  production, and application), performing (such as acting,

26  dancing, and playing), designing and executing stunts,

27  coaching, consulting, writing, scoring, composing,

28  choreographing, script supervising, directing, producing,

29  transmitting dailies, dubbing, mixing, editing, cutting,

30  looping, printing, processing, duplicating, storing, and

31  distributing;


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  1         b.  The design, planning, engineering, construction,

  2  alteration, repair, and maintenance of real or personal

  3  property including stages, sets, props, models, paintings, and

  4  facilities principally required for the performance of those

  5  services listed in sub-subparagraph a.; and

  6         c.  Property management services directly related to

  7  property used in connection with the services described in

  8  sub-subparagraphs a. and b.

  9

10  This exemption will inure to the taxpayer upon presentation of

11  the certificate of exemption issued to the taxpayer under the

12  provisions of s. 288.1258.

13         10.  Leased, subleased, licensed, or rented to a person

14  providing food and drink concessionaire services within the

15  premises of a convention hall, exhibition hall, auditorium,

16  stadium, theater, arena, civic center, performing arts center,

17  publicly owned recreational facility, or any business operated

18  under a permit issued pursuant to chapter 550.  A person

19  providing retail concessionaire services involving the sale of

20  food and drink or other tangible personal property within the

21  premises of an airport shall be subject to tax on the rental

22  of real property used for that purpose, but shall not be

23  subject to the tax on any license to use the property.  For

24  purposes of this subparagraph, the term "sale" shall not

25  include the leasing of tangible personal property.

26         11.  Property occupied pursuant to an instrument

27  calling for payments which the department has declared, in a

28  Technical Assistance Advisement issued on or before March 15,

29  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

30  Florida Administrative Code; provided that this subparagraph

31  shall only apply to property occupied by the same person


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  1  before and after the execution of the subject instrument and

  2  only to those payments made pursuant to such instrument,

  3  exclusive of renewals and extensions thereof occurring after

  4  March 15, 1993.

  5         12.  Property used or occupied predominantly for space

  6  flight business purposes. As used in this subparagraph, "space

  7  flight business" means the manufacturing, processing, or

  8  assembly of a space facility, space propulsion system, space

  9  vehicle, satellite, or station of any kind possessing the

10  capacity for space flight, as defined by s. 212.02(23), or

11  components thereof, and also means the following activities

12  supporting space flight: vehicle launch activities, flight

13  operations, ground control or ground support, and all

14  administrative activities directly related thereto. Property

15  shall be deemed to be used or occupied predominantly for space

16  flight business purposes if more than 50 percent of the

17  property, or improvements thereon, is used for one or more

18  space flight business purposes. Possession by a landlord,

19  lessor, or licensor of a signed written statement from the

20  tenant, lessee, or licensee claiming the exemption shall

21  relieve the landlord, lessor, or licensor from the

22  responsibility of collecting the tax, and the department shall

23  look solely to the tenant, lessee, or licensee for recovery of

24  such tax if it determines that the exemption was not

25  applicable.

26         Section 28.  Paragraph (a) of subsection (2) of section

27  212.054, Florida Statutes, is amended to read:

28         212.054  Discretionary sales surtax; limitations,

29  administration, and collection.--

30         (2)(a)  The tax imposed by the governing body of any

31  county authorized to so levy pursuant to s. 212.055 shall be a


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  1  discretionary surtax on all transactions occurring in the

  2  county which transactions are subject to the state tax imposed

  3  on sales, use, services, rentals, admissions, and other

  4  transactions by this chapter and communications services as

  5  defined for purposes of chapter 202. The surtax, if levied,

  6  shall be computed as the applicable rate or rates authorized

  7  pursuant to s. 212.055 times the amount of taxable sales and

  8  taxable purchases representing such transactions.  If the

  9  surtax is levied on the sale of an item of tangible personal

10  property or on the sale of a service, the surtax shall be

11  computed by multiplying the rate imposed by the county within

12  which the sale occurs by the amount of the taxable sale. The

13  sale of an item of tangible personal property or the sale of a

14  service is not subject to the surtax if the property, the

15  service, or the tangible personal property representing the

16  service is delivered within a county that does not impose a

17  discretionary sales surtax.

18         Section 29.  Subsection (6) of section 212.20, Florida

19  Statutes, is amended to read:

20         212.20  Funds collected, disposition; additional powers

21  of department; operational expense; refund of taxes

22  adjudicated unconstitutionally collected.--

23         (6)  Distribution of all proceeds under this chapter

24  and s. 202.18(1)(b) and (2)(b) shall be as follows:

25         (a)  Proceeds from the convention development taxes

26  authorized under s. 212.0305 shall be reallocated to the

27  Convention Development Tax Clearing Trust Fund.

28         (b)  Proceeds from discretionary sales surtaxes imposed

29  pursuant to ss. 212.054 and 212.055 shall be reallocated to

30  the Discretionary Sales Surtax Clearing Trust Fund.

31


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  1         (c)  Proceeds from the tax imposed pursuant to s.

  2  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

  3  Tax Clearing Trust Fund.

  4         (c)(d)  Proceeds from the fees imposed under ss.

  5  212.05(1)(i)3. and 212.18(3) shall remain with the General

  6  Revenue Fund.

  7         (d)(e)  The proceeds of all other taxes and fees

  8  imposed pursuant to this chapter or remitted pursuant to s.

  9  202.18(1)(b) and (2)(b) shall be distributed as follows:

10         1.  In any fiscal year, the greater of $500 million,

11  minus an amount equal to 4.6 percent of the proceeds of the

12  taxes collected pursuant to chapter 201, or 5 percent of all

13  other taxes and fees imposed pursuant to this chapter or

14  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

15  deposited in monthly installments into the General Revenue

16  Fund.

17         2.  Two-tenths of one percent shall be transferred to

18  the Solid Waste Management Trust Fund.

19         3.  After the distribution under subparagraphs 1. and

20  2., 9.653 percent of the amount remitted by a sales tax dealer

21  located within a participating county pursuant to s. 218.61

22  shall be transferred into the Local Government Half-cent Sales

23  Tax Clearing Trust Fund.

24         4.  After the distribution under subparagraphs 1., 2.,

25  and 3., 0.065 percent shall be transferred to the Local

26  Government Half-cent Sales Tax Clearing Trust Fund and

27  distributed pursuant to s. 218.65.

28         5.  For proceeds received after July 1, 2000, and after

29  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

30  percent of the available proceeds pursuant to this paragraph

31


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  1  shall be transferred monthly to the Revenue Sharing Trust Fund

  2  for Counties pursuant to s. 218.215.

  3         6.  For proceeds received after July 1, 2000, and after

  4  the distributions under subparagraphs 1., 2., 3., and 4.,

  5  1.0715 percent of the available proceeds pursuant to this

  6  paragraph shall be transferred monthly to the Revenue Sharing

  7  Trust Fund for Municipalities pursuant to s. 218.215. If the

  8  total revenue to be distributed pursuant to this subparagraph

  9  is at least as great as the amount due from the Revenue

10  Sharing Trust Fund for Municipalities and the Municipal

11  Financial Assistance Trust Fund in state fiscal year

12  1999-2000, no municipality shall receive less than the amount

13  due from the Revenue Sharing Trust Fund for Municipalities and

14  the Municipal Financial Assistance Trust Fund in state fiscal

15  year 1999-2000. If the total proceeds to be distributed are

16  less than the amount received in combination from the Revenue

17  Sharing Trust Fund for Municipalities and the Municipal

18  Financial Assistance Trust Fund in state fiscal year

19  1999-2000, each municipality shall receive an amount

20  proportionate to the amount it was due in state fiscal year

21  1999-2000.

22         7.  Of the remaining proceeds:

23         a.  Beginning July 1, 2000, and in each fiscal year

24  thereafter, the sum of $29,915,500 shall be divided into as

25  many equal parts as there are counties in the state, and one

26  part shall be distributed to each county.  The distribution

27  among the several counties shall begin each fiscal year on or

28  before January 5th and shall continue monthly for a total of 4

29  months.  If a local or special law required that any moneys

30  accruing to a county in fiscal year 1999-2000 under the

31  then-existing provisions of s. 550.135 be paid directly to the


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  1  district school board, special district, or a municipal

  2  government, such payment shall continue until such time that

  3  the local or special law is amended or repealed.  The state

  4  covenants with holders of bonds or other instruments of

  5  indebtedness issued by local governments, special districts,

  6  or district school boards prior to July 1, 2000, that it is

  7  not the intent of this subparagraph to adversely affect the

  8  rights of those holders or relieve local governments, special

  9  districts, or district school boards of the duty to meet their

10  obligations as a result of previous pledges or assignments or

11  trusts entered into which obligated funds received from the

12  distribution to county governments under then-existing s.

13  550.135.  This distribution specifically is in lieu of funds

14  distributed under s. 550.135 prior to July 1, 2000.

15         b.  The department shall distribute $166,667 monthly

16  pursuant to s. 288.1162 to each applicant that has been

17  certified as a "facility for a new professional sports

18  franchise" or a "facility for a retained professional sports

19  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

20  distributed monthly by the department to each applicant that

21  has been certified as a "facility for a retained spring

22  training franchise" pursuant to s. 288.1162; however, not more

23  than $208,335 may be distributed monthly in the aggregate to

24  all certified facilities for a retained spring training

25  franchise. Distributions shall begin 60 days following such

26  certification and shall continue for not more than 30 years.

27  Nothing contained in this paragraph shall be construed to

28  allow an applicant certified pursuant to s. 288.1162 to

29  receive more in distributions than actually expended by the

30  applicant for the public purposes provided for in s.

31  288.1162(6). However, a certified applicant is entitled to


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  1  receive distributions up to the maximum amount allowable and

  2  undistributed under this section for additional renovations

  3  and improvements to the facility for the franchise without

  4  additional certification.

  5         c.  Beginning 30 days after notice by the Office of

  6  Tourism, Trade, and Economic Development to the Department of

  7  Revenue that an applicant has been certified as the

  8  professional golf hall of fame pursuant to s. 288.1168 and is

  9  open to the public, $166,667 shall be distributed monthly, for

10  up to 300 months, to the applicant.

11         d.  Beginning 30 days after notice by the Office of

12  Tourism, Trade, and Economic Development to the Department of

13  Revenue that the applicant has been certified as the

14  International Game Fish Association World Center facility

15  pursuant to s. 288.1169, and the facility is open to the

16  public, $83,333 shall be distributed monthly, for up to 168

17  months, to the applicant. This distribution is subject to

18  reduction pursuant to s. 288.1169.  A lump sum payment of

19  $999,996 shall be made, after certification and before July 1,

20  2000.

21         8.  All other proceeds shall remain with the General

22  Revenue Fund.

23         Section 30.  Paragraph (b) of subsection (3) of section

24  11.45, Florida Statutes, is amended to read:

25         11.45  Definitions; duties; audits; reports.--

26         (3)

27         (b)  The Legislative Auditing Committee shall direct

28  the Auditor General to make a financial audit of any

29  municipality whenever petitioned to do so by at least 20

30  percent of the electors of that municipality.  The supervisor

31  of elections of the county in which the municipality is


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  1  located shall certify whether or not the petition contains the

  2  signatures of at least 20 percent of the electors of the

  3  municipality. After the completion of the audit, the Auditor

  4  General shall determine whether the municipality has the

  5  fiscal resources necessary to pay the cost of the audit. The

  6  municipality shall pay the cost of the audit within 90 days

  7  after the Auditor General's determination that the

  8  municipality has the available resources. If the municipality

  9  fails to pay the cost of the audit, the Department of Revenue

10  shall, upon certification of the Auditor General, withhold

11  from that portion of the distribution pursuant to s.

12  212.20(6)(d)6.(f)5. which is distributable to such

13  municipality a sum sufficient to pay the cost of the audit and

14  shall deposit that sum into the General Revenue Fund of the

15  state.

16         Section 31.  Subsections (5) and (6) of section 218.65,

17  Florida Statutes, are amended to read:

18         218.65  Emergency distribution.--

19         (5)  At the beginning of each fiscal year, the

20  Department of Revenue shall calculate a base allocation for

21  each eligible county equal to the difference between the

22  current per capita limitation times the county's population,

23  minus prior year ordinary distributions to the county pursuant

24  to ss. 212.20(6)(d)(e)3., 218.61, and 218.62. If moneys

25  deposited into the Local Government Half-cent Sales Tax

26  Clearing Trust Fund pursuant to s. 212.20(6)(d)(e)4.,

27  excluding moneys appropriated for supplemental distributions

28  pursuant to subsection (7), for the current year are less than

29  or equal to the sum of the base allocations, each eligible

30  county shall receive a share of the appropriated amount

31  proportional to its base allocation.  If the deposited amount


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  1  exceeds the sum of the base allocations, each county shall

  2  receive its base allocation, and the excess appropriated

  3  amount shall be distributed equally on a per capita basis

  4  among the eligible counties.

  5         (6)  There is hereby annually appropriated from the

  6  Local Government Half-cent Sales Tax Clearing Trust Fund the

  7  distribution provided in s. 212.20(6)(d)(e)4. to be used for

  8  emergency and supplemental distributions pursuant to this

  9  section.

10         Section 32.  Subsection (6) of section 288.1169,

11  Florida Statutes, is amended to read:

12         288.1169  International Game Fish Association World

13  Center facility; department duties.--

14         (6)  The Department of Commerce must recertify every 10

15  years that the facility is open, that the International Game

16  Fish Association World Center continues to be the only

17  international administrative headquarters, fishing museum, and

18  Hall of Fame in the United States recognized by the

19  International Game Fish Association, and that the project is

20  meeting the minimum projections for attendance or sales tax

21  revenues as required at the time of original certification.

22  If the facility is not recertified during this 10-year review

23  as meeting the minimum projections, then funding will be

24  abated until certification criteria are met.  If the project

25  fails to generate $1 million of annual revenues pursuant to

26  paragraph (2)(e), the distribution of revenues pursuant to s.

27  212.20(6)(d)7.d.(e)6.c. shall be reduced to an amount equal to

28  $83,333 multiplied by a fraction, the numerator of which is

29  the actual revenues generated and the denominator of which is

30  $1 million.  Such reduction shall remain in effect until

31


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  1  revenues generated by the project in a 12-month period equal

  2  or exceed $1 million.

  3         Section 33.  Section 212.202, Florida Statutes, is

  4  amended to read:

  5         212.202  Renaming, creation, and continuation of

  6  certain funds.--The Local Government Infrastructure Tax Trust

  7  Fund is hereby retitled the Discretionary Sales Surtax

  8  Clearing Trust Fund. The Mail Order Sales Tax Clearing Trust

  9  Fund is retitled the Communications Services Tax Clearing

10  Trust Fund hereby created in the State Treasury.

11  Notwithstanding the repeal of s. 212.237 by s. 45, chapter

12  89-356, the Solid Waste Management Trust Fund shall continue

13  to exist.

14         Section 34.  Effective upon this act becoming a law,

15  paragraph (c) of subsection (3) of section 337.401, Florida

16  Statutes, as amended by section 50 of chapter 2000-260, Laws

17  of Florida, is amended, and subsection (5) is added to that

18  section, to read:

19         337.401  Use of right-of-way for utilities subject to

20  regulation; permit; fees.--

21         (3)

22         (c)1.  It is the intention of the state to treat all

23  providers of communications services that use or occupy

24  municipal or charter county roads or rights-of-way for the

25  provision of communications services in a nondiscriminatory

26  and competitively neutral manner with respect to the payment

27  of permit fees. Certain providers of communications services

28  have been granted by general law the authority to offset

29  permit fees against franchise or other fees while other

30  providers of communications services have not been granted

31  this authority. In order to treat all providers of


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  1  communications services in a nondiscriminatory and

  2  competitively neutral manner with respect to the payment of

  3  permit fees, each municipality and charter county shall make

  4  an election under either sub-subparagraph a. or

  5  sub-subparagraph b. and must inform the Department of Revenue

  6  of the election by certified mail by July 16 1, 2001. Such

  7  election shall take effect October 1, 2001.

  8         a.(I)  The municipality or charter county may require

  9  and collect permit fees from any providers of communications

10  services that use or occupy municipal or county roads or

11  rights-of-way. All fees permitted under this sub-subparagraph

12  must be reasonable and commensurate with the direct and actual

13  cost of the regulatory activity, including issuing and

14  processing permits, plan reviews, physical inspection, and

15  direct administrative costs; must be demonstrable; and must be

16  equitable among users of the roads or rights-of-way. A fee

17  permitted under this sub-subparagraph may not: be offset

18  against the tax imposed under chapter 202; include the costs

19  of roads or rights-of-way acquisition or roads or

20  rights-of-way rental; include any general administrative,

21  management, or maintenance costs of the roads or

22  rights-of-way; or be based on a percentage of the value or

23  costs associated with the work to be performed on the roads or

24  rights-of-way. In an action to recover amounts due for a fee

25  not permitted under this sub-subparagraph, the prevailing

26  party may recover court costs and attorney's fees at trial and

27  on appeal. In addition to the limitations set forth in this

28  section, a fee levied by a municipality or charter county

29  under this sub-subparagraph may not exceed $100. However,

30  permit fees may not be imposed with respect to permits that

31  may be required for service drop lines not required to be


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  1  noticed under s. 556.108(5)(b) or for any activity that does

  2  not require the physical disturbance of the roads or

  3  rights-of-way or does not impair access to or full use of the

  4  roads or rights-of-way.

  5         (II)  To ensure competitive neutrality among providers

  6  of communications services, for any municipality or charter

  7  county that elects to exercise its authority to require and

  8  collect permit fees under this sub-subparagraph, the rate of

  9  the local communications services tax imposed by such

10  jurisdiction, as computed under s. 202.20(1) and (2), shall

11  automatically be reduced by a rate of 0.12 percent.

12         b.  Alternatively, the municipality or charter county

13  may elect not to require and collect permit fees from any

14  provider of communications services that uses or occupies

15  municipal or charter county roads or rights-of-way for the

16  provision of communications services; however, each

17  municipality or charter county that elects to operate under

18  this sub-subparagraph retains all authority to establish rules

19  and regulations for providers of communications services to

20  use or occupy roads or rights-of-way as provided in this

21  section. If a municipality or charter county elects to operate

22  under this sub-subparagraph, the total rate for the local

23  communications services tax as computed under s. 202.20(1) and

24  (2) for that municipality or charter county may be increased

25  by ordinance or resolution by an amount not to exceed a rate

26  of 0.12 percent. If a municipality or charter county elects to

27  increase its rate effective October 1, 2001, the municipality

28  or charter county shall inform the department of such

29  increased rate by certified mail postmarked on or before July

30  16, 2001.

31


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  1         c.  A municipality or charter county that does not make

  2  an election as provided for in this subparagraph shall be

  3  presumed to have elected to operate under the provisions of

  4  sub-subparagraph b.

  5         2.  Each noncharter county shall make an election under

  6  either sub-subparagraph a. or sub-subparagraph b. and shall

  7  inform the Department of Revenue of the election by certified

  8  mail by July 16 1, 2001. Such election shall take effect

  9  October 1, 2001.

10         a.  The noncharter county may elect to require and

11  collect permit fees from any providers of communications

12  services that use or occupy noncharter county roads or

13  rights-of-way. All fees permitted under this sub-subparagraph

14  must be reasonable and commensurate with the direct and actual

15  cost of the regulatory activity, including issuing and

16  processing permits, plan reviews, physical inspection, and

17  direct administrative costs; must be demonstrable; and must be

18  equitable among users of the roads or rights-of-way. A fee

19  permitted under this sub-subparagraph may not: be offset

20  against the tax imposed under chapter 202; include the costs

21  of roads or rights-of-way acquisition or roads or

22  rights-of-way rental; include any general administrative,

23  management, or maintenance costs of the roads or

24  rights-of-way; or be based on a percentage of the value or

25  costs associated with the work to be performed on the roads or

26  rights-of-way. In an action to recover amounts due for a fee

27  not permitted under this sub-subparagraph, the prevailing

28  party may recover court costs and attorney's fees at trial and

29  on appeal. In addition to the limitations set forth in this

30  section, a fee levied by a noncharter county under this

31  sub-subparagraph may not exceed $100. However, permit fees may


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  1  not be imposed with respect to permits that may be required

  2  for service drop lines not required to be noticed under s.

  3  556.108(5)(b) or for any activity that does not require the

  4  physical disturbance of the roads or rights-of-way or does not

  5  impair access to or full use of the roads or rights-of-way.

  6         b.  Alternatively, the noncharter county may elect not

  7  to require and collect permit fees from any provider of

  8  communications services that uses or occupies noncharter

  9  county roads or rights-of-way for the provision of

10  communications services; however, each noncharter county that

11  elects to operate under this sub-subparagraph shall retain all

12  authority to establish rules and regulations for providers of

13  communications services to use or occupy roads or

14  rights-of-way as provided in this section. If a noncharter

15  county elects to operate under this sub-subparagraph, the

16  total rate for the local communications services tax as

17  computed under s. 202.20(1) and (2) for that noncharter county

18  may be increased by ordinance or resolution by an amount not

19  to exceed a rate of 0.24 percent, to replace the revenue the

20  noncharter county would otherwise have received from permit

21  fees for providers of communications services. If a noncharter

22  county elects to increase its rate effective October 1, 2001,

23  the noncharter county shall inform the department of such

24  increased rate by certified mail postmarked on or before July

25  16, 2001.

26         c.  A noncharter county that does not make an election

27  as provided for in this subparagraph shall be presumed to have

28  elected to operate under the provisions of sub-subparagraph b.

29         3.  Except as provided in this paragraph,

30  municipalities and counties retain all existing authority to

31  require and collect permit fees from users or occupants of


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  1  municipal or county roads or rights-of-way and to set

  2  appropriate permit fee amounts.

  3         (5)  If a municipality or county imposes any amount on

  4  a person or entity other than a provider of communications

  5  services in connection with the placement or maintenance by

  6  such person or entity of a communication facility in municipal

  7  or county roads or rights-of-way, such amounts, if any, shall

  8  not exceed the highest amount, if any, the municipality or

  9  county is imposing in such context as of the date this act

10  becomes a law.  If a municipality or county is not imposing

11  any amount in such context as of the date this act becomes a

12  law, any amount, if any, imposed thereafter, shall not be less

13  than $500 per linear mile, payable annually, of any cable,

14  fiber optic, or other pathway that makes physical use of the

15  municipal or county right-of-way.  Any excess of $500 shall be

16  applied in a nondiscriminatory manner and shall not exceed the

17  sum of:

18         1.  Costs directly related to the inconvenience or

19  impairment solely caused by the disturbance to the municipal

20  or county right-of-way;

21         2.  The reasonable cost of the regulatory activity of

22  the municipality or county; and

23         3.  The proportionate share of cost of land for such

24  street, alley, or other public way attributable to utilization

25  of the right-of-way by a person or entity other than a

26  provider of communications services.

27

28  For purposes of this subsection, the term communications

29  facility shall not include communications facilities owned,

30  operated or used by electric utilities or regional

31  transmission organizations exclusively for internal


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  1  communications purposes. Except as specifically provided

  2  herein, municipalities and counties retain all existing

  3  authority, if any, to collect fees relating to public roads

  4  and rights-of-way from electric utilities or regional

  5  transmission organizations, and nothing in this subsection

  6  shall alter this authority.

  7         Section 35.  Paragraphs (f) and (g) of subsection (3)

  8  of section 337.401, Florida Statutes, as amended by section 51

  9  of chapter 2000-260, Laws of Florida, are repealed, paragraphs

10  (a), (b), (c), (e), and (h) of that subsection are amended,

11  new paragraphs (j) and (k) are added to that subsection,

12  subsections (4) and (5) of that section are amended, and

13  subsection (6) is added to that section, to read:

14         337.401  Use of right-of-way for utilities subject to

15  regulation; permit; fees.--

16         (3)(a)1.  Because of the unique circumstances

17  applicable to providers of communications services, including,

18  but not limited to, the circumstances described in paragraph

19  (e) and the fact that federal and state law require the

20  nondiscriminatory treatment of providers of telecommunications

21  services, and because of the desire to promote competition

22  among providers of communications services, it is the intent

23  of the Legislature that municipalities and counties treat

24  providers of communications services in a nondiscriminatory

25  and competitively neutral manner when imposing rules or

26  regulations governing the placement or maintenance of

27  communications facilities in the public roads or

28  rights-of-way. Rules or regulations imposed by a municipality

29  or county relating to providers of communications services

30  placing or maintaining communications facilities in its roads

31  or rights-of-way must be generally applicable to all providers


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  1  of communications services and, notwithstanding any other law,

  2  may not require a provider of communications services, except

  3  as otherwise provided in subparagraph 2. paragraph (f), to

  4  apply for or enter into an individual license, franchise, or

  5  other agreement with the municipality or county as a condition

  6  of placing or maintaining communications facilities in its

  7  roads or rights-of-way. In addition to other reasonable rules

  8  or regulations that a municipality or county may adopt

  9  relating to the placement or maintenance of communications

10  facilities in its roads or rights-of-way under this

11  subsection, a municipality or county may require a provider of

12  communications services that places or seeks to place

13  facilities in its roads or rights-of-way to register with the

14  municipality or county and to provide the name of the

15  registrant; the name, address, and telephone number of a

16  contact person for the registrant; the number of the

17  registrant's current certificate of authorization issued by

18  the Florida Public Service Commission or the Federal

19  Communications Commission; and proof of insurance or

20  self-insuring status adequate to defend and cover claims.

21  Nothing in this subparagraph is intended to limit or expand

22  any existing zoning or land use authority of a municipality or

23  county; however, no such zoning or land use authority may

24  require an individual license, franchise, or other agreement

25  as prohibited by this subparagraph.

26         2.  Notwithstanding the provisions of subparagraph 1.,

27  a municipality or county may, as provided by 47 U.S.C. s. 541,

28  award one or more franchises within its jurisdiction for the

29  provision of cable service, and a provider of cable service

30  shall not provide cable service without such franchise. Each

31  municipality and county retains authority to negotiate all


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  1  terms and conditions of a cable service franchise allowed by

  2  federal law and s. 166.046, except those terms and conditions

  3  related to franchise fees and the definition of gross revenues

  4  or other definitions or methodologies related to the payment

  5  or assessment of franchise fees and permit fees as provided in

  6  paragraph (c) on providers of cable services. A municipality

  7  or county may exercise its right to require from providers of

  8  cable service in-kind requirements, including, but not limited

  9  to, institutional networks, and contributions for, or in

10  support of, the use or construction of public, educational, or

11  governmental access facilities to the extent permitted by

12  federal law. A provider of cable service may exercise its

13  right to recover any such expenses associated with such

14  in-kind requirements, to the extent permitted by federal law.

15         (b)  Registration described in subparagraph (a)1. does

16  not establish a right to place or maintain, or priority for

17  the placement or maintenance of, a communications facility in

18  roads or rights-of-way of a municipality or county. Each

19  municipality and county retains the authority to regulate and

20  manage municipal and county roads or rights-of-way in

21  exercising its police power. Any rules or regulations adopted

22  by a municipality or county which govern the occupation of its

23  roads or rights-of-way by providers of communications services

24  must be related to the placement or maintenance of facilities

25  in such roads or rights-of-way, must be reasonable and

26  nondiscriminatory, and may include only those matters

27  necessary to manage the roads or rights-of-way of the

28  municipality or county.

29         (c)1.  It is the intention of the state to treat all

30  providers of communications services that use or occupy

31  municipal or charter county roads or rights-of-way for the


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  1  provision of communications services in a nondiscriminatory

  2  and competitively neutral manner with respect to the payment

  3  of permit fees. Certain providers of communications services

  4  have been granted by general law the authority to offset

  5  permit fees against franchise or other fees while other

  6  providers of communications services have not been granted

  7  this authority. In order to treat all providers of

  8  communications services in a nondiscriminatory and

  9  competitively neutral manner with respect to the payment of

10  permit fees, each municipality and charter county shall make

11  an election under either sub-subparagraph a. or

12  sub-subparagraph b. and must inform the Department of Revenue

13  of the election by certified mail by July 16 1, 2001. Such

14  election shall take effect October 1, 2001.

15         a.(I)  The municipality or charter county may require

16  and collect permit fees from any providers of communications

17  services that use or occupy municipal or county roads or

18  rights-of-way. All fees permitted under this sub-subparagraph

19  must be reasonable and commensurate with the direct and actual

20  cost of the regulatory activity, including issuing and

21  processing permits, plan reviews, physical inspection, and

22  direct administrative costs; must be demonstrable; and must be

23  equitable among users of the roads or rights-of-way. A fee

24  permitted under this sub-subparagraph may not: be offset

25  against the tax imposed under chapter 202; include the costs

26  of roads or rights-of-way acquisition or roads or

27  rights-of-way rental; include any general administrative,

28  management, or maintenance costs of the roads or

29  rights-of-way; or be based on a percentage of the value or

30  costs associated with the work to be performed on the roads or

31  rights-of-way. In an action to recover amounts due for a fee


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  1  not permitted under this sub-subparagraph, the prevailing

  2  party may recover court costs and attorney's fees at trial and

  3  on appeal. In addition to the limitations set forth in this

  4  section, a fee levied by a municipality or charter county

  5  under this sub-subparagraph may not exceed $100. However,

  6  permit fees may not be imposed with respect to permits that

  7  may be required for service drop lines not required to be

  8  noticed under s. 556.108(5)(b) or for any activity that does

  9  not require the physical disturbance of the roads or

10  rights-of-way or does not impair access to or full use of the

11  roads or rights-of-way.

12         (II)  To ensure competitive neutrality among providers

13  of communications services, for any municipality or charter

14  county that elects to exercise its authority to require and

15  collect permit fees under this sub-subparagraph, the rate of

16  the local communications services tax imposed by such

17  jurisdiction, as computed under s. 202.20(1) and (2), shall

18  automatically be reduced by a rate of 0.12 percent.

19         b.  Alternatively, the municipality or charter county

20  may elect not to require and collect permit fees from any

21  provider of communications services that uses or occupies

22  municipal or charter county roads or rights-of-way for the

23  provision of communications services; however, each

24  municipality or charter county that elects to operate under

25  this sub-subparagraph retains all authority to establish rules

26  and regulations for providers of communications services to

27  use or occupy roads or rights-of-way as provided in this

28  section. If a municipality or charter county elects to operate

29  under this sub-subparagraph, the total rate for the local

30  communications services tax as computed under s. 202.20(1) and

31  (2) for that municipality or charter county may be increased


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  1  by ordinance or resolution by an amount not to exceed a rate

  2  of 0.12 percent. If a municipality or charter county elects to

  3  increase its rate effective October 1, 2001, the municipality

  4  or charter county shall inform the department of such

  5  increased rate by certified mail postmarked on or before July

  6  16, 2001.

  7         c.  A municipality or charter county that does not make

  8  an election as provided for in this subparagraph shall be

  9  presumed to have elected to operate under the provisions of

10  sub-subparagraph b.

11         2.  Each noncharter county shall make an election under

12  either sub-subparagraph a. or sub-subparagraph b. and shall

13  inform the Department of Revenue of the election by certified

14  mail by July 16 1, 2001. Such election shall take effect

15  October 1, 2001.

16         a.  The noncharter county may elect to require and

17  collect permit fees from any providers of communications

18  services that use or occupy noncharter county roads or

19  rights-of-way. All fees permitted under this sub-subparagraph

20  must be reasonable and commensurate with the direct and actual

21  cost of the regulatory activity, including issuing and

22  processing permits, plan reviews, physical inspection, and

23  direct administrative costs; must be demonstrable; and must be

24  equitable among users of the roads or rights-of-way. A fee

25  permitted under this sub-subparagraph may not: be offset

26  against the tax imposed under chapter 202; include the costs

27  of roads or rights-of-way acquisition or roads or

28  rights-of-way rental; include any general administrative,

29  management, or maintenance costs of the roads or

30  rights-of-way; or be based on a percentage of the value or

31  costs associated with the work to be performed on the roads or


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  1  rights-of-way. In an action to recover amounts due for a fee

  2  not permitted under this sub-subparagraph, the prevailing

  3  party may recover court costs and attorney's fees at trial and

  4  on appeal. In addition to the limitations set forth in this

  5  section, a fee levied by a noncharter county under this

  6  sub-subparagraph may not exceed $100. However, permit fees may

  7  not be imposed with respect to permits that may be required

  8  for service drop lines not required to be noticed under s.

  9  556.108(5)(b) or for any activity that does not require the

10  physical disturbance of the roads or rights-of-way or does not

11  impair access to or full use of the roads or rights-of-way.

12         b.  Alternatively, the noncharter county may elect not

13  to require and collect permit fees from any provider of

14  communications services that uses or occupies noncharter

15  county roads or rights-of-way for the provision of

16  communications services; however, each noncharter county that

17  elects to operate under this sub-subparagraph shall retain all

18  authority to establish rules and regulations for providers of

19  communications services to use or occupy roads or

20  rights-of-way as provided in this section. If a noncharter

21  county elects to operate under this sub-subparagraph, the

22  total rate for the local communications services tax as

23  computed under s. 202.20(1) and (2) for that noncharter county

24  may be increased by ordinance or resolution by an amount not

25  to exceed a rate of 0.24 percent, to replace the revenue the

26  noncharter county would otherwise have received from permit

27  fees for providers of communications services. If a noncharter

28  county elects to increase its rate effective October 1, 2001,

29  the noncharter county shall inform the department of such

30  increased rate by certified mail postmarked on or before July

31  16, 2001.


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  1         c.  A noncharter county that does not make an election

  2  as provided for in this subparagraph shall be presumed to have

  3  elected to operate under the provisions of sub-subparagraph b.

  4         3.  Except as provided in this paragraph,

  5  municipalities and counties retain all existing authority to

  6  require and collect permit fees from users or occupants of

  7  municipal or county roads or rights-of-way and to set

  8  appropriate permit fee amounts.

  9         (e)  The authority of municipalities and counties to

10  require franchise fees from providers of communications

11  services, with respect to the provision of communications

12  services, is specifically preempted by the state, except as

13  otherwise provided in subparagraph (a)2. paragraph (f),

14  because of unique circumstances applicable to providers of

15  communications services when compared to other utilities

16  occupying municipal or county roads or rights-of-way.

17  Providers of communications services may provide similar

18  services in a manner that requires the placement of facilities

19  in municipal or county roads or rights-of-way or in a manner

20  that does not require the placement of facilities in such

21  roads or rights-of-way. Although similar communications

22  services may be provided by different means, the state desires

23  to treat providers of communications services in a

24  nondiscriminatory manner and to have the taxes, franchise

25  fees, and other fees paid by providers of communications

26  services be competitively neutral. Municipalities and counties

27  retain all existing authority, if any, to collect franchise

28  fees from users or occupants of municipal or county roads or

29  rights-of-way other than providers of communications services,

30  and the provisions of this subsection shall have no effect

31  upon this authority. The provisions of this subsection do not


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  1  restrict the authority, if any, of municipalities or counties

  2  or other governmental entities to receive reasonable rental

  3  fees based on fair market value for the use of public lands

  4  and buildings on property outside the public roads or

  5  rights-of-way for the placement of communications antennas and

  6  towers.

  7         (f)(h)  Except as expressly allowed or authorized by

  8  general law and except for the rights-of-way permit fees

  9  subject to paragraph (c), a municipality or county may not

10  levy on a provider of communications services a tax, fee, or

11  other charge or imposition for operating as a provider of

12  communications services within the jurisdiction of the

13  municipality or county which is in any way related to using

14  its roads or rights-of-way. A municipality or county may not

15  require or solicit in-kind compensation, except as otherwise

16  provided in subparagraph (a)2. paragraph (f). Nothing in this

17  paragraph shall impair any ordinance or agreement in effect on

18  May 22, 1998, or any voluntary agreement entered into

19  subsequent to that date, which provides for or allows in-kind

20  compensation by a telecommunications company.

21         (j)  Pursuant to this paragraph, any county or

22  municipality may by ordinance change either its election made

23  on or before July 16, 2001, under paragraph (c) or an election

24  made under this paragraph.

25         1.a.  If a municipality or charter county changes its

26  election under this paragraph in order to exercise its

27  authority to require and collect permit fees in accordance

28  with this subsection, the rate of the local communications

29  services tax imposed by such jurisdiction pursuant to ss.

30  202.19 and 202.20 shall automatically be reduced by the sum of

31


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  1  0.12 percent plus the percentage, if any, by which such rate

  2  was increased pursuant to sub-subparagraph (c)1.b.

  3         b.  If a municipality or charter county changes its

  4  election under this paragraph in order to discontinue

  5  requiring and collecting permit fees, the rate of the local

  6  communications services tax imposed by such jurisdiction

  7  pursuant to ss. 202.19 and 202.20 may be increased by

  8  ordinance or resolution by an amount not to exceed 0.24

  9  percent.

10         2.a.  If a noncharter county changes its election under

11  this paragraph in order to exercise its authority to require

12  and collect permit fees in accordance with this subsection,

13  the rate of the local communications services tax imposed by

14  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

15  automatically be reduced by the percentage, if any, by which

16  such rate was increased pursuant to sub-subparagraph (c)2.b.

17         b.  If a noncharter county changes its election under

18  this paragraph in order to discontinue requiring and

19  collecting permit fees, the rate of the local communications

20  services tax imposed by such jurisdiction pursuant to ss.

21  202.19 and 202.20 may be increased by ordinance or resolution

22  by an amount not to exceed 0.24 percent.

23         3.a.  Any change of election pursuant to this paragraph

24  and any tax rate change resulting from such change of election

25  shall be subject to the notice requirements of s. 202.21;

26  however, no such change of election shall become effective

27  prior to January 1, 2003.

28         b.  Any county or municipality changing its election

29  under this paragraph in order to exercise its authority to

30  require and collect permit fees shall, in addition to

31  complying with the notice requirements under s. 202.21,


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  1  provide to all dealers providing communications services in

  2  such jurisdiction written notice of such change of election by

  3  July 1 immediately preceding the January 1 on which such

  4  change of election becomes effective. For purposes of this

  5  sub-subparagraph, dealers providing communications services in

  6  such jurisdiction shall include every dealer reporting tax to

  7  such jurisdiction pursuant to s. 202.37 on the return required

  8  under s. 202.27 to be filed on or before the 20th day of May

  9  immediately preceding the January 1 on which such change of

10  election becomes effective.

11         (k)  Notwithstanding the provisions of s. 202.19, when

12  a local communications services tax rate is changed as a

13  result of an election made or changed under this subsection,

14  such rate shall not be rounded to tenths.

15         (4)  As used in this section, "communications services"

16  has and "cable services" have the same meaning meanings

17  ascribed in chapter 202, and "cable service" has the same

18  meaning ascribed in 47 U.S.C. s. 522, as amended.

19         (5)  This section, except subsections (1) and (2) and

20  paragraph (3)(g)(i), does not apply to the provision of pay

21  telephone service on public, municipal, or county roads or

22  rights-of-way.

23         (6)  If a municipality or county imposes any amount on

24  a person or entity other than a provider of communications

25  services in connection with the placement or maintenance by

26  such person or entity of a communication facility in municipal

27  or county roads or rights-of-way, such amounts, if any, shall

28  not exceed the highest amount, if any, the municipality or

29  county is imposing in such context as of the date this act

30  becomes a law.  If a municipality or county is not imposing

31  any amount in such context as of the date this act becomes a


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  1  law, any amount, if any, imposed thereafter, shall not be less

  2  than $500 per linear mile, payable annually, of any cable,

  3  fiber optic, or other pathway that makes physical use of the

  4  municipal or county right-of-way.  Any excess of $500 shall be

  5  applied in a nondiscriminatory manner and shall not exceed the

  6  sum of:

  7         1.  Costs directly related to the inconvenience or

  8  impairment solely caused by the disturbance to the municipal

  9  or county right-of-way;

10         2.  The reasonable cost of the regulatory activity of

11  the municipality or county; and

12         3.  The proportionate share of cost of land for such

13  street, alley, or other public way attributable to utilization

14  of the right-of-way by a person or entity other than a

15  provider of communications services.

16

17  For purposes of this subsection, the term communications

18  facility shall not include communications facilities owned,

19  operated or used by electric utilities or regional

20  transmission organizations exclusively for internal

21  communications purposes. Except as specifically provided

22  herein, municipalities and counties retain all existing

23  authority, if any, to collect fees relating to public roads

24  and rights-of-way from electric utilities or regional

25  transmission organizations, and nothing in this subsection

26  shall alter this authority.

27         Section 36.  Notwithstanding any provision of law to

28  the contrary, the provisions of section 166.234, Florida

29  Statutes, shall continue to apply with respect to all public

30  service taxes imposed on telecommunications services under

31


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  1  section 166.231(9), Florida Statutes, prior to its amendment

  2  by chapter 2000-260, Laws of Florida.

  3         Section 37.  (1)  Notwithstanding any law or ordinance

  4  to the contrary, and regardless of the payment schedule

  5  contained in any license, franchise, ordinance, or other

  6  arrangement that provides for payment after December 31, 2001,

  7  all franchise fees required to be paid by cable or

  8  telecommunications service providers with respect to cable or

  9  telecommunications services provided prior to October 1, 2001,

10  shall be paid on or before December 31, 2001.

11         (2)  For services provided prior to October 1, 2001,

12  all franchise fees required to be paid prior to October 1,

13  2001, under any license, franchise, ordinance, or other

14  arrangement shall be paid as provided in such license,

15  franchise, ordinance, or other arrangement. Cable and

16  telecommunications services providers shall be obligated to

17  remit franchise fees collected from subscribers for services

18  billed prior to October 1, 2001, regardless of their actual

19  collection date.

20         (3)  If any provision of this section or the

21  application thereof to any person or circumstance is held

22  invalid, the invalidity shall not affect other provisions or

23  applications of this act which can be given effect without the

24  invalid provision or application, and to this end the

25  provisions of this section are declared severable.

26         Section 38.  Effective upon this act becoming a law,

27  section 52, subsections (1) and (2) of section 58, and section

28  59 of chapter 2000-260, Laws of Florida, are repealed.

29         Section 39.  Except as otherwise expressly provided in

30  this act, this act shall take effect October 1, 2001.

31


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